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In re GEORGIA A. SAUNDERS, Chapter 7, Debtor(s).

MEMORANDUM RE DENIAL OF MOTION TO AVOID JUDGMENT LIEN WITHOUT PREJUDICE

HERBERT ROSS, Recalled Bankruptcy Judge

Debtor moved for avoidance of a judgment lien pursuant to 11 USC § 522(f) and served the creditor by mail, addressed as follows: "Fine Pawn Inc., 601 E. Dimond Blvd., Anch. AK." The BAP has recently held in the case of In re Villar that such a service is insufficient. Villar held that service of a motion to avoid a judgment lien by mail on only a corporate name, and not an individual, does not comply with the requirement of FRBP 7004(b)(3) that service be on a specified corporate officer, a managing or general agent, or to any other agent appointed to receive process.

Docket Entry 14.

In re Villar, 317 BR 88 (9th Cir BAP 2004). FRBP 7004 incorporates portions of FRCP 4.

Id, at 92.

FRBP 4003(d) provides that a motion to avoid a lien under § 522(f) should be served according to FRBP 9014, which requires service of the motion in the same manner as a summons and complaint under FRBP 7004. Debtor's motion was not served properly.

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IN RE SAUNDERS
(Dec 27, 2004)