Opinion
Case No. 04-00856-TLM.
May 5, 2005
SUMMARY ORDER DENYING MOTION WITHOUT PREJUDICE
On February 22, 2005, Debtors filed a motion against creditor Collection Bureau, Inc. ("Creditor") seeking to avoid Creditor's judgment lien under § 522(f). See Doc. No. 8. The Court denied that motion without prejudice on March 10, 2005. See Doc. No. 9. Debtors thereafter filed an amended motion against Creditor. See Doc. No. 14. Debtors also filed a certificate of service, Doc. No. 17, indicating the amended motion was served on Creditor at:
Collection Bureau, Inc. P.O. Box 1219 Nampa, ID 83653-1219
As this Court noted in its previous Order, Doc. No. 9, the service requirements of Fed.R.Bankr.P. 7004 apply to motions to avoid judicial liens under § 522(f). Debtors' service on Creditor did not comply with Fed.R.Bankr.P. 7004(b)(3) as it was not addressed to the attention of "an officer, a managing or general agent, or . . . any other agent authorized by appointment or by law to receive service of process." Fed.R.Bankr.P. 7004(b)(3).
In the absence of proper service, the Court lacks the ability to grant the relief sought.
Based on the foregoing, the amended motion, Doc. No. 14, shall be and hereby is DENIED without prejudice.