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522f motion a nd service on agent for service of=20
It is necessary under the rules to serve the officer via certified mail for an FDIC insured financial institution, but it has never made sense to me
as to why an unaffected lienholder needs notice of the motion.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/12/2013 5:15:00 P.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
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
Michael Avanesian
Sent: Saturday, August 10, 2013 8:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 522f motion a nd service on agent for service of
process
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 Californialaw, but I'm not sophisticated enough to know if it applies to federal bklaw (CCP 416.10(c)).
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
_www.tilemlaw.com_ (http://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 ofprocess 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
It is necessary under the rules to serve the officer via certified mail for
an FDIC insured financial institution, but it has never made sense to me as
to why an unaffected lienholder needs notice of the motion.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 8/12/2013 5:15:00 P.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
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
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] On Behalf Of Michael
AvanesianSent: Saturday, August 10, 2013 8:32 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] 522f motion a nd
service on agent for service of process
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,< /div>
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 <havkinlaw@earthlink.net> wrote:
He always requires such service.Sent from my Stella
Havkin's IPhone
On Aug 10, 2013, at 4:50 PM, stephen burton <stephenburtonlaw@yahoo.com> wrote:
< div>
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?
The post was migrated from Yahoo.