Service Requirements Are Strictly Enforced by Ninth Circuit Courts

Summary:  Two recent decisions from courts in the Ninth Circuit reinforce the importance of proper service where a party’s substantive rights may be affected.  In an
unpublished opinion of the Bankruptcy Appellate Panel in Bank of America v. LSSR, LLC, _________ (May 29, 2013), the panel affirmed a decision by the bankruptcy court to deny a relief from stay motion where, despite being served on each of the 20 largest unsecured creditors at the addresses listed in the debtor’s schedules, it was defective when not addressed to the attention of an officer, or a managing or general agent for a partnership and corporate creditor, as required by Bankruptcy Rules 7004 and 9014(b).  Likewise, in In re Monk, the Oregon bankruptcy court held that an objection to a claim, which is governed by the service requirements of Rule 3007(a), is still a contested matter that must be served in accordance with Rules 9014 and 7004 and addressed to an officer or agent of a partnership or corporate creditor.

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