Proof of Service

[TeacherMomma]

Ok dumb question maybe. But I can't just either personally serve, or overnight mail my own response to the motion to lift the automatic stay? I have to have a third party do it?

[justbroke]

No, you can do it. Look at Fed. R. Bankr. P. Rule 7004. It deals with Service of Process. Personal service, or service by a third part, is only required in Adversary Proceedings and then you need to follow the Federal Rules of Civil Procedure (Rule 4). Fed. R. Bankr. P. Rule 7004 really gets most of it's lingo from the Fed. R. Civ. P Rule 4.

So, you can serve papers that are not related to a complaint (Adversary Proceeding), under the Fed. R. Bankr. P. Rule 7004(b), which allows service by First Class Mail. I have served everything in this manner. I have had no complaints (APs) to deal with, so never had to use personal service or service by third party.

I'm also assuming that an RFS (Motion for Relief From Automatic Stay) is just a contested matter and is not a complaint (adversary proceeding).

[TeacherMomma]

Thanks

I can just put a normal stamp on it, with delivery conf? I don't really want to spend the $$ to do it overnight. Two of them I can deliver, two I need to mail.....

And dumber question - I mail/serve the unfiled copy, right? That is my understanding.

[justbroke]

I can just put a normal stamp on it, with delivery conf? I don't really want to spend the $$ to do it overnight. Two of them I can deliver, two I need to mail.....

Normal service is by, according to Bankruptcy Rule 7004 (And Civil Rule 4)... First Class U.S. Mail. So putting a normal stamp on it is the LEAST you must do.

And dumber question - I mail/serve the unfiled copy, right? That is my understanding.

You mail the "copy" to the person you're serving it on. You file (mail or in person) the original with the court. This original should have a "wet" signature. It should also have a certificate of service indicating when and how you served the parties in interest.