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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).
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