• A bankruptcy petition may be served in person, by mail or by publication.Bankrupt. Businessman with empty pockets (with clipping paths) . image by Vitaliy Pakhnyushchyy from Fotolia.com
  
  Two types of bankruptcy exist in the United States, voluntary and involuntary. Debtors declare voluntary bankruptcy, while creditors file involuntary bankruptcy against debtors whom petition creditors. Court-issued summons get served upon the appropriate parties with a request to appear in court and debtors also receive a copy of the bankruptcy petition. Legal service incorporates three different processes: hand-delivery to the debtor, delivery by mail or delivery by publication.
  
  

Process Server

• Process servers, those hired or volunteers, deliver summons in person to the debtor at his home or place of business. Disinterested parties, aged 18 years or older and an uninvolved party to the bankruptcy case, provide delivery of these court summons. Depending on the jurisdiction, Clerks of Court or law enforcement personnel also provide service for a minimal fee.
  
  

Service by Mail to an Individual

• Mail service occurs by postage prepaid first-class mail upon the debtor at his listed address or place of business. The Court requires service upon a competent individual, other than the debtor, at least 18 years of age and who resides at the same address, such as a relative or roommate. This means that if such a person retrieves the mail and does not deliver the summons to the debtor, the court still considers service completed.
  
  

Service to a Corporation

• Service to a corporation requires delivering to the assigned authorized agent of a corporation or company. State statutes may require the defendant or the debtor to receive a copy of the summons as well.
  
  

Service by Publication

• The court may order that service is complete when mailing a copy of the summons to the debtor's last known address and by publication within a newspaper of general circulation within the location of the last known residence of the debtor.
  
  

Service Upon an Attorney

• A debtor's attorney can accept service in place of the debtor under most state statutes.
  
  

Time Limit

• Summons delivered by hand or deposited within the mail must occur at least 14 days from the date of its issuance. If not delivered or mailed in a timely fashion, another summons is required for issuance and service.