Pursuant to Rule 7004(h)(3) of the Federal Rules of Bankruptcy Procedures service of process on an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) in a contested matter or adversary proceeding shall be made by certified mail addressed to an officer of the institution unless
- the institution has appeared by its attorney, in which case the attorney shall be served by first-class mail;
- the court orders, otherwise after service upon the institution by certified mail of notice of an application to permit service on the institution by first-class mail sent to an officer of the institution designated by the institution; or
- the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive service.
If an institution wishes to change the designated officer or if an institution wishes to designate an officer for service, a proposed consent order can be submitted to the court. If an institution wishes to withdraw its designation of an officer, a withdrawal of the consent must be filed with the court.
Steven P. Wicker
Special Asset Manager/Sr. Vice President
P.O. Box 8
Fuquay-Varina, NC 27526