I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for more than 30 years. In addition to practicing bankruptcy law, I train new practitioners at Bankruptcy Mastery.

 

Author: Cathy Moran, Esq.

Bankruptcy court has nation wide venue

09 Jan Hey, Mr. Postman Is That A Lawsuit?

The mail carrier brings a envelop with official looking papers that name you in a law suit. It says something about U.S. Bankruptcy Court. So what? you think. It's not official til I'm served with papers by a human being. Due process and all... Think again. One of the unique features of Title 11 is service of process by first class mail. That's right. You can be properly served with a bankruptcy law suit by the post man. There won't be a process server delivering bad news to your house. All it takes is a postage stamp. Timelines for response to a law suit in bankruptcy court are shorter than in most state courts. The time for filing an answer starts to run, not with service of the summons, but from its issuance by the clerk of the bankruptcy court. So time moves quickly if you are a defendant. Get advice from an experienced attorney promptly.
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