Central District Consumer Bankruptcy Attorney's Association

Correct. It does not. Think of it as serving a summons and complaint in
civil litigation. Just because someone has used an attorney for something
in the past, does not mean that that attorney is authorized to accept
service as the defendant may not even want to use that attorney for a
particular matter and the attorney should also not be obligated to do
anything just because you don't want to spend the time to serve as the
rules require. Don't forget to address it properly, e.g.:
*VIA CERTIFIED MAIL*
Citibank, N.A.
Attention: President or Corporate Officer or, better yet, "[type the
actual name of the President] or Corporate Officer"
Address on fdic website
In addition, you should serve it on the servicing entity. Since servicing
entities are seldom fdic insured, service is not via certified mail, but
you still should serve a corporate officer. I tend to err on the side of
serving more than I need to and also serve at the address for service of
process listed on the Secretary of State's office, if available.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Correct. It does not. Think of it as serving a summons and complaint in civil litigation. Just because someone has used an attorney for something in the past, does not mean that that attorney is authorized to accept service as the defendant may not even want to use that attorney for a particular matter and the attorney should also not be obligated to do anything just because you don't want to spend the time to serve as the rules require. Don't forget to address it properly, e.g.:
VIA CERTIFIED MAILCitibank, N.A.Attention: President or Corporate Officer or, better yet, "[type the actual name of the President] or Corporate Officer"
Address on fdic websiteIn addition, you should serve it on the servicing entity. Since servicing entities are seldom fdic insured, service is not via certified mail, but you still should serve a corporate officer. I tend to err on the side of serving more than I need to and also serve at the address for service of process listed on the Secretary of State's office, if available.
--Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
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I don't think so. In any case, it doesn't really matter. Just spend the extra four bucks and serve the bank via certified mail at their FDIC address and you should be fine. If you have an address for the attorney in the bankruptcy case, go ahead and reserve them too. It is okay to reserve and refile the motion unless the judge specifically denied your motion with prejudice.
Sent from my iPhone
On Jun 7, 2013, at 12:08 PM, Sujin Kim wrote:
>
>
> Thanks for your reply. Does the fact that I served the attorney not exempt me from serving the officer pursuant to FRBP 7004 (h)(1)?
>

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Thanks for your reply. Does the fact that I served the attorney not exempt me from serving the officer pursuant to FRBP 7004 (h)(1)?

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FDIC website.
Sent from my iPhone
On Jun 7, 2013, at 11:58 AM, Sujin Kim wrote:
> Hello Group:
>
> I filed a Motion to Avoid Lien but it was denied by the judge for failing to serve the lien holder pursuant to FRBP 7004 (h). The lien holder is Citibank and I served them as well as the attorney that represented them in the underlying matter via certified mail. I can only think that I didn't serve Citibank at the proper address. I looked at the Sec. of State's website and I couldn't find Citibank N.A.. Can someone direct me to where I can find that information?
>
> Also, this is the first time I've had a motion denied. There's no bar to refiling the same motion, is there?
>
> Sujin Kim
> Attorney
> Hope Law Group
> 601 S. Figueroa St., Suite 4025
> Los Angeles, CA 90017
> Tel: (213) 255-5753
> Fax: (213) 596-3824
>

The post was migrated from Yahoo.

Hello Group:
I filed a Motion to Avoid Lien but it was denied by the judge for failing to serve the lien holder pursuant to FRBP 7004 (h). The lien holder is Citibank and I served them as well as the attorney that represented them in the underlying matter via certified mail. I can only think that I didn't serve Citibank at the proper address. I looked at the Sec. of State's website and I couldn't find Citibank N.A.. Can someone direct me to where I can find that information?
Also, this is the first time I've had a motion denied. There's no bar to refiling the same motion, is there?
Sujin Kim
Attorney
Hope Law Group
601 S. Figueroa St., Suite 4025
Los Angeles, CA 90017
Tel: (213) 255-5753
Fax: (213) 596-3824

The post was migrated from Yahoo.