No. 80-0280AUnited States Bankruptcy Court, N.D. Georgia
June 17, 1980
KAHN, Bankruptcy Judge
Former Bankruptcy Act — Adversary Proceeding — Service ofProcess — Bankrupt’s Employee
If a bankrupt’s employee will not be personally bound by any judgment in an action he may validly perform personal service on behalf of the bankrupt within the meaning of Bankruptcy court considers the word `party,’ as it appears Rule 704(b). See Rule 704 at ¶ 20,204 and Rule 712(b) at ¶ 20,212.
[Digest of Opinion]
The defendant filed a motion to dismiss the debtor-plaintiff’s complaint for insufficiency of service of process pursuant to Bankruptcy Rule 712(b) on the basis that, contrary to the requirement of Bankruptcy Rule 704(b), personal service had been made by a person who was a party to the lawsuit. The Certificate of Service filed by the plaintiff indicated that personal service had been effected by an employee of the plaintiff.
The court determined that Bankruptcy Rule 704(b) does not preclude any employee of corporate plaintiffs from making personal service on behalf of the corporation. Rather, “this court considers the word `party,’ as it appears in Rule 704(b), to mean only those entities or individuals who would be bound by any judgment rendered in the action.” Accordingly, the defendant’s motion to dismiss was denied.