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IN RE COSSIO

BAP No. SC-93-1165-VOAs. Bankruptcy No. 91-12067-A7. Adv. No. 92-90042.

163 B.R. 150 (1994)

In re Larry COSSIO dba Cossio Insurance Agency and Marcela Cossio, Debtors. Larry COSSIO dba Cossio Insurance Agency, Appellant, v. Christopher W. CATE, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 24, 1994.

Attorney(s) appearing for the Case

John D. Rittenhouse, San Diego, CA, for Larry Cossio.

Appellee did not participate in appeal.

Before VOLINN, OLLASON, and ASHLAND, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

The debtor moved to vacate a default judgment of nondischargeability and dismiss the underlying complaint based on defective service of process. At issue was whether the debtor's attorney was served with a copy of the summons and complaint as required by Fed.R.Bankr.P. 7004(b)(9), which provides for service on the debtor by mailing copies of the summons and complaint to the debtor and to his attorney. The trial court...

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