Due Process

Never underestimate the simple importance of due process.

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While the stuffing and mailing of envelopes may be a ministerial task that doesn't take much forethought or challenge to accomplish, without proper service, the Court cannot obtain jurisdiction over the parties.

Since the Bankruptcy Courts have the power of ‘long arm’ jurisdiction, service is an absolute necessity as a person is not bound by a judgment in a litigation to which he or she has not been made a party by service of
process. Mason v. Genisco Tech. Corp, 960 F.2d 849, 851 (9th Cir. 1992) quoting Hansberry v. Lee, 311
U.S. 32, 40, 61 S.Ct. 115, 117, 85 L.Ed. 22 (1940).

The bankruptcy code requires regular first class service by mail and in some cases, certified mail, under Fed. Rule. Bankr. Proc. 7004.

Failure to properly service your bankruptcy documents can result at best, delayed hearings and the costs of reservice. At worst, it can mean the loss of a critical motion, dismissal of a case, or worse for both you and your client.

Rule 7004 satisfies the requirements of due process in the bankruptcy realm. Use a company that allows you to ensure your practice remains in compliance with the appropriate rules.

Never underestimate the simple importance of due process.