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IN RE VAN METER

BAP No. WW 94-1501-AsHJe. Bankruptcy No. 92-34003. Adv. No. 92-35304T.

175 B.R. 64 (1994)

In re Jerry VAN METER and Geraldine Van Meter, Debtors. James KACZMARCZIK, Appellant, v. Jerry VAN METER and Geraldine Van Meter, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 3, 1994.

Attorney(s) appearing for the Case

Philipp Serrin, Seattle, WA, for appellant.

Desa Gese Conniff, Tacoma, WA, for appellees.

Before ASHLAND, HAGAN and JELLEN, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

James Kaczmarczik filed an adversary proceeding against Jerry and Geraldine Van Meter, the debtors. Kaczmarczik mailed the complaint and summons to the Van Meters, and concurrently filed the same. As a result, the Van Meters received an unfiled complaint and an unissued summons. The Van Meters were never served with a filed complaint or an issued summons. Recognizing that they were improperly served, the Van Meters...

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