In Re Johnson

MEMORANDUM OF OPINION CONCERNING MOTION TO SET ASIDE ORDER OF RELIEF

JOHN C. AKARD, Bankruptcy Judge.

On May 18, 1987, The First National Bank of Amarillo (Bank) filed an Involuntary Petition in Bankruptcy against Robert A. Johnson (Johnson). The Petition alleged that Johnson was generally not paying his debts as they became due and that he had fewer than twelve creditors.

On May 18, 1987, the Clerk of this Court issued a Summons to the Debtor and delivered it to the Bank’s attorney for service. On May 19, 1987, the Bank’s attorney mailed by first class mail a copy of the Summons together with a…