Shipley v. Cooney & Conway Creditors (In re C.P. Hall Co.)

MEMORANDUM OPINION

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

Before the court for ruling are motions by two groups of creditors, each group a defendant in separate adversary proceedings, to dismiss the adversary proceedings for insufficient process and insufficient service of process under Rules 12(b)(4) and 12(b)(5) of the Federal Rules of Civil Procedure, Fed.R.Civ.P. 12(b)(4), (5) (made applicable by Fed. R. Bankr.P. 7012(b)). As the creditors correctly argue, the captions of the complaints as well as the summonses violate the rules and are insufficient. The complaints will therefore be…