CASE NUMBER: A05-67195-PWB.United States Bankruptcy Court, N.D. Georgia, Atlanta Division.
September 9, 2005
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE CONTESTED MATTER
PAUL BONAPFEL, Bankruptcy Judge
ORDER DENYING SECOND MOTION TO AVOID LIEN WITHOUT PREJUDICE
Before the Court is the Debtors’ second motion to avoid the lien of Unifund CCR Partners Assignee of Providian National Bank (“Unifund”), pursuant to 11 U.S.C. § 522(f). For the reasons stated herein, Debtors’ motion is denied without prejudice.
On July 19, 2005, the Court denied Debtors’ first motion to avoid the lien of Unifund based upon ineffective service. There were multiple service defects and the Court noted, among other things, that Debtors’ service of the motion on Providian National Bank was inadequate because “if CCR Unifund Partners is the assignee and lienholder, service upon Providian National Bank is not sufficient to give notice to Unifund.”
Based upon Debtors’ service of the second motion, it is unclear whether the July 19, 2005 Order was even read by Debtors’ counsel. The certificate of service reflects service of the
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second motion upon “Providian Financial Corp., P.O. Box 9111, Pleasanton, CA 94566.” Again, if Unifund is the assignee and lienholder — as indicated in the motion — service upon Providian Financial Corp. is not effective service. Moreover, even if service on Providian was appropriate, the failure to serve the motion upon an officer or registered agent would render service ineffective. FED. R. BANKR. P. 7004. Therefore, it is
ORDERED that Debtors’ second motion to avoid the lien of Unifund CCR Partners Assignee of Providian National Bank isDENIED without prejudice.
The Clerk is directed to serve copies of this Order on the persons on the attached Distribution List.