Legal Opinion

Kaczmarczik v. Van Meter (In Re Van Meter)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 3, 1994No. BAP No. WW 94-1501-AsHJe. Bankruptcy No. 92-34003. Adv. No. 92-35304TPublishedCited by 12 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

James Kaczmarczik filed an adversary proceeding against Jerry and Geraldine Van Meter, the debtors. Kaczmarczik mailed the complaint and summons to the Van Meters, and concurrently filed the same. As a result, • the Van Meters received an unfiled complaint and an unissued summons. The Van Meters were never served with a filed complaint or an issued summons. Recognizing that they were improperly served, the Van Meters never appeared in court on this matter and allowed a default judgment to be entered against them. Several months later, the Van Meters filed a…

2Cases cited22 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
  3. Gold Kist, Inc. v. Laurinburg Oil Company, Inc. And McNair EvansCourt of Appeals for the Third Circuit · 1985
  4. In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
  5. Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985

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3Cited by12 opinions

  1. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Ferm v. United States Trustee (In Re Crowe)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  3. Jorgenson v. State Line Hotel, Inc. (In Re State Line Hotel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. Barr v. Barr (In Re Barr)United States Bankruptcy Court, W.D. Washington · 1998
  5. Sullivan v. Hall (In Re Hall)United States Bankruptcy Court, E.D. Virginia · 1998

7 more not listed; retrieve them via the Exa API.

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