Robert A. Watson

1 Former joint debtor Stacy Watson has been dismissed from the case. See Doc. No. 19.
MEMORANDUM OF DECISION - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
IN RE 	)
)
ROBERT A. WATSON, 	) 	Case No. 05-2645-TLM
)
Debtor. 	) 	MEMORANDUM OF DECISION
)
________________________________ )
Debtor1 filed motions seeking to avoid liens of creditors Portfolio Recovery
Associates LLC (“PRA”), see Doc. No. 7, and Action Collection, see Doc. No. 5.
At an August 8, 2005 hearing, the Court found insufficient service of both motions
and allowed Debtor an opportunity to submit a stipulated order or to re-notice the
matter for hearing and provide sufficient proof of service. On August 27, 2005,
Debtor attempted to again serve PRA. See Doc. No. 22.
On October 26, 2005, the Court again found Debtor’s attempted service on
PRA insufficient. See Doc. No. 23. The Court gave Debtor thirty days to effect
proper service on both creditors.
On December 9, 2005, Debtor filed an affidavit reflecting service of his
motion, affidavit and proposed order regarding PRA’s lien on Gardner Skinner, Jr.
See Doc. No. 24. The Affidavit of Service does not identify why Mr. Skinner was
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2 Under § 102(1), “notice and a hearing” may require only notice as is appropriate in the
particular circumstance and opportunity for a hearing. However, a hearing does not actually have
to occur if notice is adequate and the party in interest does not request a hearing.
MEMORANDUM OF DECISION - 2
served. Without an assertion within the Affidavit of Service that Gardner Skinner,
Jr. is PRA’s registered agent, the Court cannot grant Debtor’s motion because Fed.
R. Bankr. P. 7004(b)(3) remains unsatisfied. In addition, Debtor failed to provide
Portfolio with notice of an actual hearing, or notice of an opportunity to object to
his motion.2
The Court has provided Debtor several opportunities to comply with the
Rules and obtain relief. While sensitive to the fact Debtor appears pro se, the
Court is not required to teach or assist Debtor. The Rules apply to Debtor just as
they do to represented parties. Debtor’s motion to avoid lien, Doc. No. 7, will
therefore be denied.
Unlike Debtor’s renewed attempts to serve PRA, he did not attempt to cure
the defects in service of Action Collection after the Court in August 2005 provided
Debtor an opportunity to do so. The Court concludes that motion, Doc. No. 5,
must also be denied. The Court will enter a separate order.
DATED: December 15, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
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MEMORANDUM OF DECISION - 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:
Robert A. Watson
1912 Tendoy Drive
Boise, ID 	83705
Case No. 05-02645-TLM (Robert A. Watson)
Dated: December 15, 2005
/s/ Jo Ann B. Canderan
Judicial Assistant to Chief Judge Myers
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