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Tex-Link Communs. Inc. v. Lopez (In re Lopez)

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).
Ruling: 
Electronic service of adversary complaint upon debtor's attorney was improper where attorney did not consent in writing.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0109-097

Miller v. Homecomings Fin. Network Inc. (In re McMahon)

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.
Ruling: 
Trustee's motion for default in avoidance proceeding denied due to improper service.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0309-059

In re Fisher

Debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor filed a complaint against defendant credit union seeking the turnover of property pursuant to 11 U.S.C.S. § 542. The debtor sought an order requiring the credit union to turnover title to the debtor's vehicle or an order releasing the lien. The debtor filed a motion for entry of default.
Ruling: 
Debtor's motion for default in turnover proceeding denied due to improper service upon credit union.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1108-035

Carlo v. Orion Omniservice Co. (In re Carlo)

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.
Ruling: 
Notice requirements for due process must be balanced with expeditiousness of bankruptcy proceedings.
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Consumer case opionion summary, case decided on August 15,2008, LexisNexis #1208-104

Miller v. KeyBank Natl Assn (In re Schwartz)

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.
Ruling: 
Default in avoidance proceeding set aside on basis of improper service on creditor bank.
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Consumer case opionion summary, case decided on August 15,2008, LexisNexis #1208-059

GE Money Bank v. Frazier

Plaintiff bank sought entry of a default judgment against defendant debtors in an adversary proceeding filed in connection with debtors'chapter 7 case. Debtors entered a special appearance for the purpose of challenging the adequacy of plaintiff's service of the summons and complaint and seeking to quash the same. At issue was whether the service obtained by the bank complied with Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Service on bank by certified mail which was unclaimed, rather than first class mail postage prepaid, was insufficient.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1208-092

Israel v. Direct Loans (In re Israel)

Defendant United States (U.S.) filed a motion to dismiss plaintiff debtor's complaint to determine the dischargeability of a student loan debt owed to the U.S.
Ruling: 
Debtor allowed opportunity to properly reserve student loan dischargeability complaint upon the U.S. attorney.
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Consumer case opionion summary, case decided on June 13,2008, LexisNexis #0808-129