Carlo v. Orion Omniservice Co. (In re Carlo)
Aug
15
2008
Ruling
Notice requirements for due process must be balanced with expeditiousness of bankruptcy proceedings.
Procedural posture
Plaintiff debtor filed a complaint against defendant creditor to determine the dischargeability of a debt. Pursuant to Fed. R. Bankr. P. 7055(a), the debtor moved for default. The issue was whether Fed. R. Bankr. 7004(b)(3) required service addressed to the attention of an individual by name and office title, or simply by office title.
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Court
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