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CA CD LBR 4003-2 Lien Avoidance, service of motion after proof of claim filed

Posted: Wed Mar 06, 2013 9:10 am
by Yahoo Bot

Alik:
That is the rule, but some judges won't strip liens, a drastic remedy, without the certified mail receipt.
Sent from my iPhone
On Mar 4, 2013, at 11:10 PM, Alik Segal wrote:
> Listmates,
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> California Central District LBR 4003-2 deals with lien avoidance and provides: (c) Service. (1) The motion, notice, and supporting documents must be served on the holder of the lien to be avoided in the same manner as a summons and complaint under FRBP 7004.
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> Is a secured creditor that filed a proof of claim still entitled to be served (in the case of a motion to value collateral or avoid a lien) in the same manner as a summons and complaint under FRBP 7004?
>
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>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
Alik: That is the rule, but some judges won't strip liens, a drastic remedy, without the certified mail receipt. Sent from my iPhoneOn Mar 4, 2013, at 11:10 PM, Alik Segal <listserv.inbox@gmail.com> wrote:

Listmates,California Central District LBR 4003-2 deals with
lien avoidance and provides: (c)
Service. (1) The motion, notice, and
supporting documents must be served on the holder of the lien to
be avoided in
the same manner
as a summons
and complaint under FRBP 7004.
Is a secured creditor that filed a proof of claim still
entitled to be served (in the case of a motion to value collateral or avoid a
lien) in the same manner as a summons and complaint under FRBP 7004?
-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District

The post was migrated from Yahoo.

CA CD LBR 4003-2 Lien Avoidance, service of motion after proof of claim filed

Posted: Tue Mar 05, 2013 12:02 pm
by Yahoo Bot

Yes. All secured lien holders, regardless of Proof of Claim or not,
need to be noticed on 522(f) motions even if they are not affected
whatsoever.
Steven B. Lever

The post was migrated from Yahoo.