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Carter v. Hall (In re Hall)

Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
Ruling: 
Court declined to extend time for service of process in dischargeability proceeding.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0809-026

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

In re Wright

The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
Ruling: 
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-021

In re Longoria

On November 18, 2008, came on for hearing the court's Order to Show Cause, ordering a secured creditor, which held a security interest in debtor's automobile, to appear and show cause why it failed to comply with the court's prior Order granting debtor's motion for turnover of property and motion for contempt and sanctions.
Ruling: 
Creditor sanctioned for failure to appear at motion for contempt.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0309-026

In re Ochon

A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. A predecessor in interest had filed a proof of claim asserting an arrearage on the debtor's mortgage of $17,602 under a first mortgage. In an earlier order, the court found that the debtor's mortgage payments were current. A creditor, the successor in interest to the mortgage, sought reconsideration of the earlier order.
Ruling: 
Court agreed to reconsider order deeming debtor's mortgage current due to failure to properly serve mortgage holder with notice of contested hearing.
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0209-105

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

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