GMAC Mortgage Corp. v. Salisbury (In Re Loloee)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Rule 7001(2) explicitly requires an adversary proceeding to resolve a lien priority dispute
• considering the fact that moving papers were “at best, 27 ambiguous” as contributing to lack of notice
• the greater the deviation from the process set out in the rules, “the greater the quality and amount of notice needed in order to comply with due process”
• the greater the deviation from the process set out in the rules, “the greater the quality and amount of notice needed in order to comply with due pro- cess”
• “The procedural requirement in Rule 7001(2) that lien priorities be resolved by adversary proceeding has implications for due process that become important when a Rule 9014 contested matter is asked to do an adversary proceeding’s job.”
• motion procedure cannot be used to circumvent requirement of adversary proceeding; addressing mail to nobody in particular at corporation does not satisfy requirement of mailing copy to attention of officer or agent authorized to receive service of process

Source: CourtListener parenthetical corpus (CC0).