- FRBP
Miller v. Stone (In re Waterford Funding LLC)
Jun
30
2016
Ruling
Default judgment in adversary proceeding was void due to improper service.
Issue(s)
Should default in a fraudulent transfer proceeding be set aside due to improper service?
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Court
:
Morales v. CitiMortgage Inc. (In re Morales)
Jun
18
2015
Ruling
Service of objection to proof of claim on creditor's attorney who was serving as creditor's appointed, authorized agent was sufficient,
Issue(s)
Was order sustaining debtor's objection to creditor's proof of claim void due to service upon creditor's attorney as appointed, authorized agent rather than upon the creditor?
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Court
:
4MHC Assocs. v. Miller (In re Miller)
Apr
22
2014
Ruling
Default against debtor in adversary proceeding denied due to improper service of summons and complaint.
Issue(s)
Should a default judgment be entered against debtor who failed to respond to or appear in adversary proceeding?
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Court
:
In re Bolden
Feb
21
2014
Ruling
Decision on debtor's motion to avoid lien withheld pending proper notice to creditor.
Issue(s)
Could lien be avoided where service upon creditor was by mail but not addressed to any particular agent or officer?
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Court
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Tully v. Haughee (In re Haughee)
Mar
05
2010
Ruling
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
Procedural posture
Chapter 7 debtor filed an amended motion to vacate a judgment of default entered against him in an adversary proceeding initiated by plaintiff. At issue was whether the debtor was properly served pursuant to Fed. R. Bankr. P. 7004(b)(9).
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Court
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Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)
Sep
01
2009
Ruling
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
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Court
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In re Wright
Feb
17
2009
Ruling
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
Procedural posture
The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
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Court
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In re Ochon
Jan
06
2009
Ruling
Court agreed to reconsider order deeming debtor's mortgage current due to failure to properly serve mortgage holder with notice of contested hearing.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. A predecessor in interest had filed a proof of claim asserting an arrearage on the debtor's mortgage of $17,602 under a first mortgage. In an earlier order, the court found that the debtor's mortgage payments were current. A creditor, the successor in interest to the mortgage, sought reconsideration of the earlier order.
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Court
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Tex-Link Communs. Inc. v. Lopez (In re Lopez)
Nov
26
2008
Ruling
Electronic service of adversary complaint upon debtor's attorney was improper where attorney did not consent in writing.
Procedural posture
Debtor filed a motion to set aside a default judgment taken against him by plaintiff pursuant to Fed. R. Bankr. P. 7055(c), on the grounds that service was improper under Fed. R. Bankr. P. 7004(b)(9).
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Court
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Miller v. Homecomings Fin. Network Inc. (In re McMahon)
Nov
18
2008
Ruling
Trustee's motion for default in avoidance proceeding denied due to improper service.
Procedural posture
Plaintiff chapter 13 trustee filed a motion for a default judgment pursuant to Fed. R. Civ. P. 55(b), made applicable by Fed. R. Bank. P. 7055, against defendant creditor after the creditor failed to respond to the trustee's complaint, which sought to avoid the creditor's mortgage lien.
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Court
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