Rule 7004(b)

Miller v. Stone (In re Waterford Funding LLC)

Ruling: 
Default judgment in adversary proceeding was void due to improper service.
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Commercial case opionion summary, case decided on June 30,2016, LexisNexis #0716-120

Morales v. CitiMortgage Inc. (In re Morales)

Ruling: 
Service of objection to proof of claim on creditor's attorney who was serving as creditor's appointed, authorized agent was sufficient,
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Consumer case opionion summary, case decided on June 18,2015, LexisNexis #0715-068

4MHC Assocs. v. Miller (In re Miller)

Ruling: 
Default against debtor in adversary proceeding denied due to improper service of summons and complaint.
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Consumer case opionion summary, case decided on April 22,2014, LexisNexis #0914-137

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

Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
Ruling: 
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #0909-137

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 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

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