Legal Opinion

GE Money Bank v. Frazier (In Re Frazier)

United States Bankruptcy Court, E.D. Virginia

Decided July 31, 2008No. 19-70759PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

The issue presented is whether mailing a summons and complaint by certified mail satisfies the requirement of Rule 7004(b)(9) that the summons and complaint to be mailed by first class mail. The bank mailed the summons and complaint to the debtors at their address of record in the main bankruptcy case by certified mail, return receipt requested. The mailing was returned to the bank unclaimed. When the debtors failed to file a responsive pleading, the bank filed a motion for a default judgment. The debtors then entered a special appearance…

2Cases cited4 opinions

  1. In Re Frank Vincze and Elizabeth Vincze, Debtors-Appellants. Frank Bak v. Frank Vincze and Elizabeth VinczeCourt of Appeals for the Seventh Circuit · 2000
  2. Gazes v. Kesikrodis (In Re Ted A. Petras Furs, Inc.)United States Bankruptcy Court, E.D. New York · 1994
  3. Tullock v. Hardy (In Re Hardy)United States Bankruptcy Court, E.D. Tennessee · 1995
  4. McCullough v. I.P., L.L.C. (In Re Trexler)United States Bankruptcy Court, D. South Carolina · 2003

3Cited by6 opinions

  1. Aurora Loan Services, LLC v. CondronConnecticut Appellate Court · 2018
  2. Morris v. Wilmington Savings Fund SocietyDistrict Court, W.D. Virginia · 2018
  3. Landas v. Sheffer (In Re Sheffer)United States Bankruptcy Court, E.D. Virginia · 2009
  4. Fulton v. Mainline Auto Sales and Rental, LLCUnited States Bankruptcy Court, D. South Carolina · 2022
  5. Ratliff v. The United States Department of EducationUnited States Bankruptcy Court, S.D. West Virginia · 2021

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