Critical Case Comment – In re Ochoa, 399 B.R. 563 (Bankr. S.D. Fla. 2009) (Marks)

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In re Ochoa, 399 B.R. 563 (Bankr. S.D. Fla. 2009) (Marks)

Service of a contested matter motion on attorneys who had entered notices of appearance and had filed pleadings in a case did not provide adequate service under Rule 7004 where notice was not provided directly to the creditor.

Summary of the Case

When Roxana Ochoa filed her Chapter 13 case in April of 2003, Washington Mutual Bank filed a proof of claim as mortgagee . . .

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