Skip to main content

Rule 7004(b)(3)

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?

ABI Membership is required to access the full summary of Morales v. CitiMortgage Inc. (In re Morales) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 18, 2015 , LexisNexis #0715-068
LexisNexis Article
Learn More

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?

ABI Membership is required to access the full summary of In re Bolden Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 21, 2014 , LexisNexis #0314-103
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 01, 2009 , LexisNexis #0909-137
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of In re Wright Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 17, 2009 , LexisNexis #0409-021
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of In re Ochon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 06, 2009 , LexisNexis #0209-105
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of Miller v. Homecomings Fin. Network Inc. (In re McMahon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 18, 2008 , LexisNexis #0309-059
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of Carlo v. Orion Omniservice Co. (In re Carlo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 15, 2008 , LexisNexis #1208-104
LexisNexis Article
Learn More
Subscribe to %1