Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process

Authors

Jonathon S. Byington, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

2011

First Page

1

Volume

90

Source Publication Abbreviation

N.C. L. Rev. Addendum

Abstract

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.

Comments

Reprinted with permission of the North Carolina Law Review, vol. 9, pp. 1-38.

Recommended Citation

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.
https://scholarworks.umt.edu/faculty_lawreviews/44