Legal Opinion

Cossio v. Cate (In Re Cossio)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 24, 1994No. BAP No. SC-93-1165-VOAs. Bankruptcy No. 91-12067-A7. Adv. No. 92-90042PublishedCited by 27 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

The debtor moved to vacate a default judgment of nondisehargeability and dismiss the underlying complaint based on defective service of process. At issue was whether the debtor’s attorney was served with a copy of the summons and complaint as required by Fed.R.Bankr.P. 7004(b)(9), which provides for service on the debtor by mailing copies of the summons and complaint to the debtor and to his attorney. The trial court found adequate service to have been effected and denied the motion. For the reasons set forth below, we AFFIRM.

FACTS AND PROCEEDINGS BELOW…

2Cases cited10 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
  3. Noel Mason v. Genisco Technology CorporationCourt of Appeals for the Ninth Circuit · 1992
  4. In the Matter of Park Nursing Center, Inc., Debtor. Creditors Committee of Park Nursing Center, Inc. v. Richard SamuelsCourt of Appeals for the Sixth Circuit · 1985
  5. Hammer v. Drago (In Re Hammer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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3Cited by27 opinions

  1. Morris v. Peralta (In Re Peralta)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. United States v. Levoy (In Re Levoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. First Delaware Life Insurance v. Wada (In Re Wada)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. GMAC Mortgage Corp. v. Salisbury (In Re Loloee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. GMAM Investment Funds Trust I v. Globo Comunicacoes E Participacoes S.A. (In Re Globo Comunicacoes E Participacoes S.A.)District Court, S.D. New York · 2004

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