Source Publication Abbreviation
N.C. L. Rev. Addendum
This article argues that even though it has been accepted and widely used throughout the nation for thirty-five years by courts, practitioners, and commentators, the service method of delivering a summons and complaint solely by first class mail under Bankruptcy Rule 70004(b)(1) violates due process. Part I shows that the establishment of first class mail as an alternate service method occurred before the vast expansion of bankruptcy court jurisdiction. Part II evaluates the various reasons why Rule 7004(b)(1) violates due process. The article concludes in Part III by recommending a two-part solution to revise the rule.
Byington, Jonathon S., "Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process" (2011). Faculty Law Review Articles. 44.