Ronald S Hockett and Lydia M Hockett

SUMMARY ORDER - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
IN RE 	)
)
RONALD S. HOCKETT & 	) 	Case No. 04-00856-TLM
LINDA M. HOCKETT, 	)
)
Debtors. 	) 	SUMMARY ORDER DENYING
) 	MOTION WITHOUT
) 	PREJUDICE
___________________________________ )
On February 22, 2005, Debtors filed a motion against creditor Collection Bureau,
Inc. (“Creditor”) seeking to avoid Creditor’s judgment lien under § 522(f). See Doc. No.
8. The Court denied that motion without prejudice on March 10, 2005. See Doc. No. 9.
Debtors thereafter filed an amended motion against Creditor. See Doc. No. 14. Debtors
also filed a certificate of service, Doc. No. 17, indicating the amended motion was served
on Creditor at:
Collection Bureau, Inc.
P.O. Box 1219
Nampa, ID 83653-1219
As this Court noted in its previous Order, Doc. No. 9, the service requirements of
Fed. R. Bankr. P. 7004 apply to motions to avoid judicial liens under § 522(f). Debtors’
service on Creditor did not comply with Fed. R. Bankr. P. 7004(b)(3) as it was not
addressed to the attention of “an officer, a managing or general agent, or . . . any other
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SUMMARY ORDER - 2
agent authorized by appointment or by law to receive service of process.” Fed. R. Bankr.
P. 7004(b)(3).
In the absence of proper service, the Court lacks the ability to grant the relief
sought.
Based on the foregoing, the amended motion, Doc. No. 14, shall be and hereby is
DENIED without prejudice.
DATED: May 5, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
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SUMMARY ORDER - 3
CERTIFICATE RE: SERVICE
A “notice of entry” of this Decision, Order and/or Judgment has been
served on Registered Participants as reflected by the Notice of Electronic Filing.
A copy of the Decision, Order and/or Judgment has also been provided to non-
registered participants by first class mail addressed to:
Ronald S. Hockett
Lydia M. Hockett
5831 Brian Way
Boise, ID 83716
Case No. 04-00856 (Ronald S. Hockett)
Dated: May 5, 2005
/s/ Jo Ann B. Canderan
Judicial Assistant to Chief Judge Myers
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