IN RE SAUNDERS

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.

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.