Miller v. KeyBank Natl Assn (In re Schwartz)

Ruling: 
Default in avoidance proceeding set aside on basis of improper service on creditor bank.
Procedural posture: 
A chapter 13 trustee filed a Fed. R. Bankr. P. 7055 motion for default judgment on an adversary complaint to avoid a lien, pursuant to 11 U.S.C.S. § 544. Defendant bank filed a motion to set aside the entry of default and for a hearing.
Issue: 
ABI Membership is required to access the full summary of Miller v. KeyBank Natl Assn (In re Schwartz). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 15,2008, LexisNexis #1208-059