IN RE FRAZIER

Bankruptcy No. 08-10094-RGM. Adversary No. 08-1169.

394 B.R. 399 (2008)

In re JEFFERY C. FRAZIER and Jennifer A. Frazier, Debtors. GE Money Bank, Plaintiff, v. Jeffery C. Frazier and Jennifer A. Frazier, Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

July 31, 2008.


Attorney(s) appearing for the Case

W. Calvin Smith, Spilman, Thomas & Battle, PLLC, Roanoke, VA, for Plaintiff.

Gregory H. Counts, Tyler, Bartl, Gorman & Ramsdell, PLC, Alexandria, VA, for Defendants.


MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

The issue presented is whether mailing a summons and complaint by certified mail satisfies the requirement of Rule 7004(b)(9) that the summons and complaint to be mailed by first class mail. The bank mailed the summons and complaint to the debtors at their address of record in the main bankruptcy case by certified mail, return receipt requested. The mailing was returned to the bank unclaimed. When...

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