Grochocinski v. Shepar Capital LLC (In re CMGT Inc.)

Ruling: 
Statutory lien avoided due to improper service on debtor.
Procedural posture: 
Chapter 7 trustee filed an adversary proceeding against judgment creditor, seeking a determination that the creditor failed to properly serve the debtor with a citation to discover assets and had no judgment lien against the debtor's assets. The creditor filed counterclaims alleging breach of contract, promissory estoppel, and laches, and the trustee and the creditor both moved for summary judgment.
Issue: 
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Commercial case opionion summary, case decided on March 17,2009, LexisNexis #0409-054