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522f motion and service on agent for service of process
Is that true of the underlying 1st mortgage loan? You have to serve all
lien holders on a 522f, but if the 1st is a FDIC institution, and not
affected by the 522f, is it still necessary to serve an officer? I
thinks so, but it seems strange.
Steven B. Lever
The post was migrated from Yahoo.
Service for 522(f) is governed by LBR 4003-2 and if you have a federally
insured depository, make sure you pay special attention to FRBP 7004(h).
I also believe someone said you can serve a bank by serving one of their
tellers but I don't know if that's true or not. It's true under California
law, but I'm not sophisticated enough to know if it applies to federal bk
law (CCP 416.10(c)).
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Sat, Aug 10, 2013 at 5:04 PM, Stella Havkin wrote:
> **
>
>
> He always requires such service.
>
> Sent from my Stella Havkin's IPhone
>
> On Aug 10, 2013, at 4:50 PM, stephen burton
> wrote:
>
>
>
> I just had Judge Neiter deny a 522f motion on the basis I had not served
> the agent for service of process.
>
> I have never had this denial before. The Federal Rules of Bankruptcy
> Procedure, Rule 2 I believe, requires service on the agent for service of
> process on a 506 c motion, but I have never encountered it in 522 f.
>
> Some of the creditors were bank credit cards others were collection
> lawyers. Another was an auto dealership and there was one lawyer for legal
> fees.
>
> I served everyone on the abstracts.
>
> Did the rules change while I was napping?
>
> Steve Burton
>
>
>
Service for 522(f) is governed by LBR 4003-2 and if you have a federally insured depository, make sure you pay special attention to FRBP 7004(h).I also believe someone said you can serve a
The post was migrated from Yahoo.
He always requires such service.
Sent from my Stella Havkin's IPhone
On Aug 10, 2013, at 4:50 PM, stephen burton wrote:
> I just had Judge Neiter deny a 522f motion on the basis I had not served the agent for service of process.
>
> I have never had this denial before. The Federal Rules of Bankruptcy Procedure, Rule 2 I believe, requires service on the agent for service of process on a 506 c motion, but I have never encountered it in 522 f.
>
> Some of the creditors were bank credit cards others were collection lawyers. Another was an auto dealership and there was one lawyer for legal fees.
>
> I served everyone on the abstracts.
>
> Did the rules change while I was napping?
>
> Steve Burton
>
The post was migrated from Yahoo.
I think their is a local rule that requires it.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
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Date: 08/10/2013 4:51 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] 522f motion and service on agent for service of process
I just had Judge Neiter deny a 522f motion on the basis I had not served the agent for service of process.
I have never had this denial before. The Federal Rules of Bankruptcy Procedure, Rule 2 I believe, requires service on the agent for service of process on a 506 c motion, but I have never encountered it in 522 f.
Some of the creditors were bank credit cards others were collection lawyers. Another was an auto dealership and there was one lawyer for legal fees.
I served everyone on the abstracts.
Did the rules change while I was napping?
Steve Burton
I think their is a local rule that requires it.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If
you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representation ive of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
Date: 08/10/2013 4:51 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] 522f motion and service on agent for service of process
The post was migrated from Yahoo.
I just had Judge Neiter deny a 522f motion on the basis I had not served the agent for service of process.
I have never had this denial before. The Federal Rules of Bankruptcy Procedure, Rule 2 I believe, requires service on the agent for service of process on a 506 c motion, but I have never encountered it in 522 f.
Some of the creditors were bank credit cards others were collection lawyers. Another was an auto dealership and there was one lawyer for legal fees.
I served everyone on the abstracts.
Did the rules change while I was napping?
Steve Burton
The post was migrated from Yahoo.