Cameron R Laney

SUMMARY ORDER - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
IN RE 	)
)
LANEY, CAMERON R. 	) 	Case No. 	04-04522-TLM
)
Debtor. 	) 	SUMMARY ORDER
)
________________________________ )
Debtor Cameron Laney (“Debtor”) filed a “Motion to Reinstate Dismissed
Case and to Reset 341 Meeting,” Doc. No. 11 (“Motion”), alleging he did not
receive notice of the 341 meeting and thus did not attend. This Court has held that
a “properly executed certificate of mailing creates a presumption of receipt of
notice.” In re Downey, 00.1 I.B.C.R. 34, 35 (Bankr. D. Idaho 2000) (quoting In re
Ware, 98.4 I.B.C.R. 130 (Bankr. D. Idaho 1998)); see also Morris v. Peralta (In re
Peralta), 317 B.R. 381, 386 (9th Cir. BAP 2004) (“A certificate of mailing raises
the presumption that the documents sent were properly mailed and received.”). A
party asserting non-receipt bears the burden of rebutting that presumption and, as
noted in Downey, “a declaration or affidavit stating that notice was not received”
is insufficient in and of itself to rebut the presumption. 00.1 I.B.C.R. at 35.
Case 04-04522-TLM Doc 12 Filed 04/26/05 Entered 04/26/05 15:41:52 Desc Main
Document Page 1 of 3

SUMMARY ORDER - 2
Here, the Bankruptcy Noticing Center’s certificate of mailing, Doc. No. 3,
states that Debtor was served by first class mail at 224 Douglas Rd, Ontario, OR
97914, the address he listed in his petition, Doc. No. 1. Thus, a presumption of
receipt arises. Pursuant to Downey, Debtor’s bare assertion in his Motion that he
did not receive notice is insufficient to rebut the presumption of proper service.
Therefore, Debtor’s Motion is DENIED.
DATED: April 26, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
Case 04-04522-TLM Doc 12 Filed 04/26/05 Entered 04/26/05 15:41:52 Desc Main
Document Page 2 of 3

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:
Cameron R. Laney
224 Douglas Road
Ontario, Oregon 	97914
Case No. 04-04522 (Cameron R. Laney)
Dated:
/s/Jo Ann B. Canderan
Judicial Assistant to Chief Judge Myers
Case 04-04522-TLM Doc 12 Filed 04/26/05 Entered 04/26/05 15:41:52 Desc Main
Document Page 3 of 3