Rule 7004(h)

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 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

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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