Jennifer C. Perry

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
JENNIFER C. PERRY,
Debtor.
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Case No. 07-00429
(Chapter 7)
MEMORANDUM DECISION RE
MOTION TO AVOID LIEN OF NATIONSBANK OF DELAWARE, NA
The debtor seeks pursuant to 11 U.S.C. § 522(f)(1) to avoid
the judgment lien of Nationsbank of Delaware, NA, against the
property identified as 2711 6th Street, NE, Washington, DC 20017,
which is real property constituting her residence, and which is
exempt under D.C. Code § 15-501(a)(14). 	The judgment was
recovered by Nationsbank of Delaware, NA, in the Superior Court
of the District of Columbia. 	The court will deny the motion
without prejudice to the debtor’s renewing it against the current
holder of the judgment and making proper service on that entity.
I
The debtor served her motion on Nationsbank of Delaware, NA,
care of the law firm that represented it in the Superior Court.
However, Nationsbank of Delaware, NA, is no longer in existence.
The Memorandum Decision below is hereby signed, and
the court notes that it is not intended for
publication in West's Bankruptcy Reporter. Dated:
December 31, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2
According to the FDIC website, Nationsbank of Delaware, N.A., has
become:
FIA Card Services, National Association
1100 North King Street
Wilmington, Delaware 19801
In addition, FIA Card Services, N.A., is, according to the FDIC
website, an FDIC-insured bank. 	The website for the State of
Delaware’s Department of State’s Office of the State Bank
Commissioner
(http://banking.delaware.gov/information/bnklst.shtml) lists the
following address for FIA Card Services, National Association:
1100 N. King Street
Wilmington, 	DE 	19884
Note the difference in the ZIP Code from that appearing on the
FDIC website (and that the U.S. Postal Service’s website also
lists 19801 as the ZIP Code, but the debtor’s attorney may wish
to determine which is the correct ZIP Code for corporate officer
purposes versus retail purposes). 	The State Bank Commissioner’s
website lists under “Name/Title” for the company:
Kenneth P. Lewis
Chairman, President & Chief Executive Officer
It then lists under “Telephone Number” for the company:
Telephone: 	(302) 456-8588
Toll Free: 	(800) 441-7048
II
The debtor should file her motion anew naming FIA Card
Services, National Association as the entity now holding the
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3
judgment lien awarded in favor of Nationsbank of Delaware, NA.
Because FIA Card Services, N.A., is an FDIC-insured bank, service
on FIA Card Services, N.A. must be made in accordance with Fed.
R. Bankr. P. 7004(h). 	Rule 7004(h) provides that service “shall
be made by certified mail addressed to an officer of the
institution” with three exceptions. 	The first is that “the
institution has appeared by its attorney, in which case the
attorney shall be served by first class mail.” 	Fed. R. Bankr. P.
7004(h)(1). 	Although the judgment lienor appeared by an attorney
in the Superior Court, it has not appeared in this contested
matter (or even in the bankruptcy case) through an attorney, and
thus the exception in Rule 7004(h)(1) does not apply. 	The two
other exceptions are also inapplicable.
III
It follows that the debtor’s motion must be denied for
having failed to name the entity that currently holds the
judgment lien and for failing to make service under Rule 7004(h).
An order follows.
[Signed and dated above.]
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4	O:\Judge Temp Docs\Perry (Jennifer C) Decsn re 2nd Denying Motion to Avoid Lien of Nationsbank of Delaware .wpd
Copies to:
Debtor
Debtor’s attorney
FIA Card Services, National Association
(Formerly Nationsbank of Delaware, NA)
c/o Wolpoff & Abramson
702 King Farm Blvd.
Rockville, MD 20850-5775
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