In re Olson

1 Citing case

  1. In re Parker

    Case No. 08-20164-TLM (Bankr. D. Idaho Oct. 10, 2008)   Cited 1 times
    Noting Rule 7004(b)'s applicability and requirements in connection with chapter 13 plan that attempted to avoid judicial liens under § 522(f)

    302 B.R. at 102, 04.1 I.B.C.R. at 30 (emphasis added).See also In re Olson, 05.4 I.B.C.R. 91, 2005 WL 4705071 (Bankr. D. Idaho Nov. 9, 2005) (setting aside a confirmation order due to the debtors' failure to properly serve a creditor under Rule 7004(h) while attempting to strip off that creditor's lien through a chapter 13 plan). While Millspaugh dealt with a valuation motion under Rule 3012 designed to "strip off" a wholly unsecured mortgage in a chapter 13 plan, the analysis of proper service is relevant here since such Rule 3012 motions, like § 522(f)/Rule 4003 motions, require service in accord with Rule 7004.