UNITED STATES BANKRUPTCY COURT
DISTRICT OF ALASKA

In re GEORGIA A. SAUNDERS,   Debtor(s)

Case No. A04-01034-HAR In Chapter 7   MEMORANDUM RE DENIAL OF MOTION TO AVOID JUDGMENT LIEN WITHOUT PREJUDICE

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.” ¹  The BAP has recently held in the case of In re Villar that such a service is insufficient. ² 

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. ³ 

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.

DATED: December 27, 2004

HERB ROSS

U.S. Bankruptcy Judge

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N O T E S:

 1.  Docket Entry 14.

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

 3.  Id, at 92.