context: This testimony is insufficient to establish a standardized procedure instituted by NECA to forward mail to USAC after July 2001, the time NECA ceased acting as USAC's agent. Therefore, USAC has not rebutted the presumption that NECA received the Debtor's motion on USAC's behalf.
citation_a.signal: cf.
citation_a.identifier: 2000 WL 375242, at *5
citation_a.parenthetical: rebuttal shown where alleged recipient "established a regular practice of logging certified articles delivered to the office, which includes recording the article number, name of sender, and addressee," and there was "no record in the log book" indicating receipt
citation_a.sentence: See Robinson, 228 B.R. at 82 (presumption of receipt was not rebutted by affidavit stating that all mail was filed, and the file did not contain the notice at issue); Ms. Interpret, 222 B.R. at 414 (no evidence of “standardized sorting and routing procedures” to rebut presumption of receipt); cf. Hogarth, No. 97 Civ. 0625, 2000 WL 375242 at *5 (rebuttal shown where alleged recipient “established a regular practice of logging certified articles delivered to the office, which includes recording the article number, name of sender, and addressee,” and there was “no record in the log book” indicating receipt).
citation_b.signal: see
citation_b.identifier: 228 B.R. 82, 82
citation_b.parenthetical: presumption of receipt was not rebutted by affidavit stating that all mail was filed, and the file did not contain the notice at issue
citation_b.sentence: See Robinson, 228 B.R. at 82 (presumption of receipt was not rebutted by affidavit stating that all mail was filed, and the file did not contain the notice at issue); Ms. Interpret, 222 B.R. at 414 (no evidence of “standardized sorting and routing procedures” to rebut presumption of receipt); cf. Hogarth, No. 97 Civ. 0625, 2000 WL 375242 at *5 (rebuttal shown where alleged recipient “established a regular practice of logging certified articles delivered to the office, which includes recording the article number, name of sender, and addressee,” and there was “no record in the log book” indicating receipt).