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Westlaw Florida Updates Wednesday, June 08, 2011 |
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Recent Florida Cases | ||
Recent Florida Cases | ||
Tuesday, June 07, 2011 | ||
In re Franchi ,(Bkrtcy.S.D.Fla.) | ||
Bankruptcy – Service by mail on corporation could not be to unidentified officer or agent. | ||
A motion to avoid a lien held by a corporate creditor was not properly served by certified and regular mail addressed simply to the corporation care of “Any Officer Authorized To Accept Service,” absent a showing that the debtors had exercised reasonable and appropriate diligence to ascertain the appropriate officer’s identity. Moreover, while the trustee, to properly serve an objection to a corporate creditor’s proof of claim, did not have to make any attempt to ascertain the identity of the individual officer or agent authorized to receive service, this was true only if the trustee mailed the objection to the exact address specified on the proof of claim. |
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