GE Money Bank v. Frazier
Jul
31
2008
Ruling
Service on bank by certified mail which was unclaimed, rather than first class mail postage prepaid, was insufficient.
Procedural posture
Plaintiff bank sought entry of a default judgment against defendant debtors in an adversary proceeding filed in connection with debtors'chapter 7 case. Debtors entered a special appearance for the purpose of challenging the adequacy of plaintiff's service of the summons and complaint and seeking to quash the same. At issue was whether the service obtained by the bank complied with Fed. R. Bankr. P. 7004(b)(9).
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Court
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