Catherine P Ayala

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
In re:
CATHERINE P. AYALA, 	Case No. 25-23608-SMG
Debtor. 	Chapter 13
____________________________________/
ORDER OVERRULING OBJECTION TO CLAIM OF ALLY BANK
Debtor Catherine Ayala objected1 to the proof of claim2 filed by Ally Bank. But
she only sent a copy of that objection to Ally Bank by email to the email address listed
on the Request for Notice Under Bankruptcy Rule 20023 filed by Ally Bank’s servicer,
AIS Portfolio Services, under 11 U.S.C. § 342(f)(1). Providing notice of the objection
to this email address, however, does not satisfy the service requirements of Federal
Rule of Bankruptcy Procedure 3007(a)(2)(A) for an objection to claim. The objection
will therefore be overruled without prejudice.
1 Dkt. No. 31.
2 Claim No. 2-1.
3 Dkt. No. 10.
Scott M. Grossman, Chief Judge
United States Bankruptcy Court	_____________________________________________________________________________
ORDERED in the Southern District of Florida on March 31, 2026.
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Ms. Ayala filed this chapter 13 bankruptcy case on November 17, 2025.4 On
November 19, 2025, Ally Bank filed a Request for Notice Under Bankruptcy Rule 2002
in which it requested, pursuant to 11 U.S.C. § 342(f)(1), that:
(i) all notices given or required to be given in the case; and
(ii) all pleadings and correspondence served or required to be served in
this case, regarding Ally Bank should be directed to AIS Portfolio
Services, LLC at the following mailing address effective immediately:
Attn: Ally Bank Department
AIS Portfolio Services, LLC
Account: XXXXXXXX9594
4515 N Santa Fe Ave. Dept. APS
Oklahoma City, OK 73118.5
The request for notice was electronically signed by Amitkumar Sharma, Claims
Processor. The bottom of the signature block for Amitkumar Sharma lists the email
address ECFNotices@aisinfo.com.
Ally Bank then filed proof of claim no. 2-1 on December 17, 2025. In the section
of the claim form titled “Where should notices to the creditor be sent?” Ally Bank
listed the following address:6
Ally Bank c/o AIS Portfolio Services, LLC
4515 N. Santa Fe Ave. Dept. APS
Oklahoma City OK 73118.
It also listed as its contact email: ECFNotices@aisinfo.com.
On February 5, 2026, Ms. Ayala objected to Ally Bank’s claim.7 She sent a copy
of her objection and the notice of hearing thereon by email to Ally Bank at:
4 Dkt. No. 1.
5 Dkt. No. 10.
6 Claim No. 2-1.
7 Dkt. No. 31.
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ECFNotices@aisinfo.com8 – the email address listed on both Ally Bank’s request for
notice and on its proof of claim. This, however, is not adequate service of an objection
to claim.
Under Federal Rule of Bankruptcy Procedure 3007(a)(2)(A), an objection to
claim must be served by mail on the person the claimant designated on its most recent
proof of claim, at the address listed therein.9 Where an objection is to a claim of an
insured depository institution, service must also comply with Federal Rule of
Bankruptcy Procedure 7004(h). Rule 7004(h) requires service by certified mail
addressed to an officer of the institution, unless one of three exceptions applies:
(1) the institution has appeared by its attorney, in which case the attorney must be
served by first class mail; (2) the court orders otherwise after applicable service upon
the institution; or (3) the institution has waived in writing its entitlement to such
service. None of these exceptions apply here. Ally Bank did not waive in writing its
entitlement to service under Rule 7004(h), the Court has not ordered otherwise after
service on Ally Bank, and Ally Bank has not appeared by its attorney in this case.
Ally Bank’s request for notice under 11 U.S.C. § 342(f)(1) does not constitute
an appearance by an attorney.10 Indeed, there is no indication in the notice that
8 Dkt. No. 33.
9 Fed. R. Bankr. P. 3007(a)(2)(A) (“The notice—substantially conforming to Form 420B—and objection
must be served by mail on the person the claim holder most recently designated to receive notices on
the claim holder’s original or latest amended proof of claim, at the address so indicated.”).
10 As evidenced by the Notices of Electronic Filing issued by CM/ECF – which does not list
ECFNotices@aisinfo.com as a recipient of CM/ECF notice in this case – a request for notice under 11
U.S.C. § 342(f)(1) does not add the party filing the notice to the list of CM/ECF registered user email
recipients in the case. A notice under 11 U.S.C. § 342(f)(1) does, however, add that party as an
electronic recipient of notices that the Clerk of Court is required to serve and which are then served
through the Bankruptcy Noticing Center. Compare Fed. R. Bankr. P. 9036(b)(1) (“To Registered Users.
The clerk may send notice to or serve a registered user by filing the notice or document with the
court’s electronic-filing system.”) (emphasis added) with Fed. R. Bankr. P. 9036(b)(2) (“To All
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Amitkumar Sharma – whose title on the notice is “Claims Processor” – is an attorney.
An attorney who appears for a party in a case generally must file a notice of
appearance under Federal Rule of Bankruptcy Procedure 9010(b). 11 U.S.C. §
342(f)(1), on the other hand, permits an entity to “file with any bankruptcy court a
notice of address to be used by all the bankruptcy courts or by particular bankruptcy
courts, as so specified by such entity at the time such notice is filed, to provide notice
to such entity in all cases under chapters 7 and 13 pending in the courts with respect
to which such notice is filed, in which such entity is a creditor.”11
When a creditor files a request for notice under 11 U.S.C. § 342(f)(1), it is just
that – a request for notice. Notice in bankruptcy cases is governed largely by Federal
Rule of Bankruptcy Procedure 2002. Notice informs parties of certain events and
intended actions in a bankruptcy case and gives parties an opportunity to object.
Service, on the other hand, is different. Service is used to acquire personal jurisdiction
Recipients. For any recipient, the clerk may send notice or serve a document by electronic means
that the recipient consented to in writing, including by designating an electronic address for receiving
notices.”) (emphasis added); see also Fed. R. Bankr. P. 2002(a), (b), (d), (f), (k), (n), and (q) (each of
which require the clerk or the court’s designee to provide certain notices).
11 11 U.S.C. § 342(f)(1).
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over a party for purposes of adjudicating the party’s legal rights.12 Rules 3007, 7004,
and 9014 all require service, rather than notice.13
Under Rule 3007(a)(2)(A), Ms. Ayala was required to serve her objection to
claim and the notice of hearing thereon by mail on Ally Bank at the address for notices
listed on its proof of claim, as well as by certified mail addressed to an officer of the
institution. Sending a copy of the objection and the notice of hearing by email to the
email address listed on Ally Bank’s request for notice filed under 11 U.S.C. § 342(f)(1)
does not suffice.
Accordingly, it is ORDERED that Ms. Ayala’s Objection to Claim of ALLY
BANK [# 2-1]14 is OVERRULED without prejudice.
# # #
Copy furnished to Jared J. Kullman, Esq. who must serve a copy of this Order on all
interested parties and file a certificate of service thereof.
12 See Fed. R. Bankr. P. 7004(f) (“If exercising jurisdiction is consistent with the United States
Constitution and laws, serving a summons or filing a waiver of service under this Rule 7004 or the
applicable provisions of Fed. R. Civ. P. 4 establishes personal jurisdiction over a defendant: (1) in a
bankruptcy case; or (2) in a civil proceeding arising under the Code, or arising in or related to a case
under the Code.”); see also Prewitt Enters., Inc. v. Org. of Petroleum Exporting Countries, 353 F.3d 916,
921 (11th Cir. 2003) (“service of summons is the procedure by which a court having venue and
jurisdiction of the subject matter of the suit asserts jurisdiction over the person of the party served. . .
. A court is required to have personal jurisdiction under the Due Process Clauses of the Fifth and
Fourteenth Amendments to the United States Constitution as a matter of individual liberty so that
the maintenance of the suit does not offend traditional notions of fair play and substantial justice.”)
(cleaned up); S.E.C. v. Carrillo, 115 F.3d 1540, 1543 (11th Cir. 1997) (noting the “well settled principle
that ‘service of process constitutes the vehicle by which the court obtains jurisdiction.’”) (quoting
United Elec. Workers v. 163 Pleasant St. Corp., 960 F.2d 1080, 1085 (1st Cir. 1992)).
13 Other Federal Rules of Bankruptcy Procedure requiring service – not just notice – include Rules
3012 (determining the amount of a secured or priority claim); 4003(d) (avoiding a lien or other transfer
of exempt property); 6004(c) (motion to sell property free and clear of liens and other interests); and
6006 (a proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as
part of a plan.).
14 Dkt. No. 31.
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