In re Saunders

Full title: In re GEORGIA A. SAUNDERS, Chapter 7, Debtor(s)

Court: United States Bankruptcy Court, D. Alaska

Date published: Dec 27, 2004

Case No. A04-01034-HAR (Bankr. D. Alaska Dec. 27, 2004)

Opinion

Case No. A04-01034-HAR.

December 27, 2004

MEMORANDUM RE DENIAL OF MOTION TO AVOID JUDGMENT LIEN WITHOUT PREJUDICE

HERBERT ROSS, Recalled Bankruptcy Judge

Debtor moved for avoidance of a judgment lien pursuant to 11 USC § 522(f) and served the creditor by mail, addressed as follows: "Fine Pawn Inc., 601 E. Dimond Blvd., Anch. AK."¹ The BAP has recently held in the case of In re Villar that such a service is insufficient.² Villar held that service of a motion to avoid a judgment lien by mail on only a corporate name, and not an individual, does not comply with the requirement of FRBP 7004(b)(3) that service be on a specified corporate officer, a managing or general agent, or to any other agent appointed to receive process.³

1 Docket Entry 14.

2 In re Villar, 317 BR 88 (9^th Cir BAP 2004). FRBP 7004 incorporates portions of FRCP 4.

3 Id, at 92.

FRBP 4003(d) provides that a motion to avoid a lien under § 522(f) should be served according to FRBP 9014, which requires service of the motion in the same manner as a summons and complaint under FRBP 7004. Debtor's motion was not served properly.