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Tully v. Haughee (In re Haughee)

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).
Ruling: 
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
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Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-035