Shipley v. Abrams (In re C.P. Hall Co.)

MEMORANDUM OPINION

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

Before the court for ruling in separate adversary proceedings are motions under Rule 12(b)(5) of the Federal Rules of Civil Procedure, Fed.R.Civ.P. 12(b)(5) (made applicable by Fed. R. Bankr.P. 7012(b)), to dismiss the plaintiffs amended complaints for insufficient service of process. In each adversary proceeding, the complaint and summons were served on an attorney who represented the defendants in state court personal injury actions but whose only involvement in the bankruptcy case was signing the defendants’ proof of claim. As the…