UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
In re: Case: 07-10940
PRIVADA INC. Chapter 7
f/k/a NETCO INVESTMENTS, INC.,
Debtor.
RODRIGO CALDERON ARAYA’S OPPOSITION TO MOTION TO STRIKE SERVICE OF SUMMONS
Petitioning creditor Rodrigo Calderon Araya (“Calderon”) opposes the motion to strike service of summons:
1. In this case, service was effected more than once upon the debtor’s statutory agent in Texas. Nobody disputes this service, not even the movant.
2. However, because the consultant of the debtor, Paul Taylor, had share certificates and other documentation was sent directly to his house during Calderon’s tenure as an officer of the company, it seemed only fair that Mr. Taylor receive a copy of the bankruptcy summons in the event he chose to oppose it. Indeed, Mr. Taylor appears to be the de facto control person of this entity.
3. The summons and petition sent to Mr. Taylor by mail was refused. As such, it appeared proper to serve Mr. Taylor at home so he was sure to receive a copy.
4. The summons and petition served on Mr. Taylor’s residence was done as a courtesy so there could be no dispute of notice in the future.
5. In fact, the service of the summons enabled Mr. Taylor or his confederates to file the anonymous letter that appears on the docket in this case.
6. It seems that Mr. Taylor’s wife, Susan Taylor, merely objects to her home address being made public in these proceedings and is not challenging the sufficiency of service on the company itself, being made to the statutory agent of the company.
7. What Ms. Taylor appears to seek is the impounding of her address.
8. Calderon does not object to this Court directing the Clerk to redact Ms. Taylor’s home address from the public docket unless she desires to receive pleadings in connection with this case.
9. However, Ms. Taylor voluntarily appeared before this Court and has subjected herself to jurisdiction. There may be a need to obtain her testimony and, as an interested party, she has made herself subject to the discovery rules of this Court.
WHEREFORE, Petitioning Creditor Rodrigo Calderon Araya respectfully demands that this Court deny the motion to strike, but grant an Order directing the Clerk to redact her address from the publicly available documents.
Respectfully submitted,
______________________________
Rodrigo Calderon Araya
Apartado 3124-1000
San Jose Costa Rica
+506 835 9966
PETITIONING CREDITOR
