Opinion
Case No. 03-13476-RGM.
July 30, 2004
MEMORANDUM OPINION
THIS CASE is before the court on the debtors' objection to 10 of the 16 proofs of claims filed in this chapter 7 case. The debtors assert that the 10 proofs of claims are procedurally defective. In each instance, the debtors listed the creditor on Schedule F, "Creditors Holding Unsecured Nonpriority Claims." Theyassert that the proofs of claims are procedurally defective because they: (1) fail to "include an original or duplicate of the writing on whichthe claim is based or state the circumstances of the loss or destruction thereof"; (2) that "the proofof claim fails to attach supporting documentation that show the debtor owes the amount claimed"; and, (3) do not indicate whether the claim "includes interest or other charges in additionto the principal amount". These objections were recently addressed by this court in the context of a chapter 13 case in In re Josephine McCarthy, (Bankr.E.D.Va., Case No. 04-10493-SSM, Memorandum Opinion dated July 14, 2004, Docket Entry 41) (Mitchell, J.).
This court cannot reach the objections raised by the debtors in this case because the objections were not properly served on the creditors. An objection to a proof of claim commences a contested matter and must be served in accordance withFederal Rule of Bankruptcy Procedure 7004. None was served as required. Rather than serving the required officer, managing agent or other agent authorized by appointment or by law to receive service of process, the objection to the proof of claim was in each instance mailed to the individual who signed the proof of claim. These individuals are identified variously as "bankruptcy associate," "legal assistant," "esquire," and "bankruptcy representative," if in fact any title is designated. None is the required officer, managing agent or other agent authorized by law to accept service of process. In re Boykin, 246 B.R. 825 (Bankr. E.D.Va. 2000). See also In re Rushton, 285 B.R. 76, 79 (Bankr.S.D.Ga. 2002); In re Association of Volleyball Professionals, 256 B.R. 313, 316 (Bankr.C.D.Cal. 2000); In re Stembridge, 2000 WL 33740248, *1 (Bankr.M.D.Ga. Oct. 5, 2000).
The court also notes that Federal Rule of Bankruptcy Procedure 3007 requires that the copy of the objection with a notice of hearing be mailed or otherwise delivered to the claimant and the trustee at least 30 days prior to the hearing. Each objection was originally mailed on July 6, 2004, for a hearing scheduled on July 27, 2004, a period less than the required 30-days.
Because the objections were not properly served, the court cannot consider them. Each will be dismissed without prejudice.