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Kennedy v. Citibank (In re Kennedy)

Debtor brought an adversary proceeding against an unsecured creditor, seeking a declaratory judgment that a judgment by the creditor against the debtor did not create a lien on her real or personal property pursuant to S.C. Code Ann. §§ 15-35-810, 15-39-20 and 15-39-100. The debtor filed a motion for a default judgment, and the creditor filed no response.
Ruling: 
Adversary proceeding dismissed due to insufficiency of notice on unsecured creditor.
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Consumer case opionion summary, case decided on April 07,2009, LexisNexis #0709-133

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