Rule 7004(b)(9)

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

Ruling: 
Default against debtor in adversary proceeding denied due to improper service of summons and complaint.
ABI Membership is required to access the full summary of 4MHC Assocs. v. Miller (In re Miller). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Tully v. Haughee (In re Haughee). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-035

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.
ABI Membership is required to access the full summary of Tex-Link Communs. Inc. v. Lopez (In re Lopez). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0109-097

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.
ABI Membership is required to access the full summary of GE Money Bank v. Frazier. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1208-092

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.
ABI Membership is required to access the full summary of In re OQuinn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to Rule 7004(b)(9)