IN RE VILLAR

BAP No. EC-04-1081-MoPMa. Bankruptcy No. 03-94302-A-7.

317 B.R. 88 (2004)

In re Barbara A. VILLAR, Debtor. Beneficial California, Inc., a California company, Appellant, v. Barbara A. Villar, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed October 20, 2004.


Attorney(s) appearing for the Case

Jeffrey A. Paris, Paris & Paris, LLP, Santa Monica, CA, for Beneficial California, Inc.

Before MONTALI, PERRIS and MARLAR, Bankruptcy Judges.


OPINION

MONTALI, Bankruptcy Judge.

In this case a debtor failed to afford procedural and constitutional due process when she moved to avoid a judicial lien. While the lien may not be able to withstand a proper attack, failure to serve effectively will not be excused even where there appears to be no defense to the underlying motion. If debtor renews her challenge and is successful, this decision will indeed be nothing more than a Pyrrhic victory....

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