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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

In re OQuinn

Debtor moved for the dismissal of the involuntary petition filed under chapter 7 against him by petitioning creditor, asserting that the petition and the alias summons in the involuntary case were not served on the debtor in the manner required by Fed. R. Bankr. P. 1010.
Ruling: 
Service of involuntary debtor by first class mail was sufficient.
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