Verified answer

If he sent something by certified mail, he should have a signed receipt.

Like the other people answered, if he has a return receipt then the mail was delivered. The first concern of yours should be why is this attorney trying to get relief from the automatic stay in the first place. Did you file a Chapter 13 or a Chapter 7? If they are trying to get relief from the stay on property you surrendered, that is the standard process they must go through. If it is property you have retained, then why are they doing this? Generally a Creditor will ask for relief from stay when you fall behind in your post-petition payments, or you were behind in pre-petition payments and never caught up (the latter applies to when you have filed a Chapter 7). There is no point in pondering the proof of service situation if you do not fix the reason they are asking for relief from stay in the first place.

Congratulations! You have now discovered why attorneys are expensive - they are worth it. If you dispute service, he has a receipt that says you were served; you will probably lose. Furthermore, even if you weren't served with the motion, you obviously have actual notice of the hearing, so disputing service will, at best, only buy you 2 weeks or so, anyway.

Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to find one that you are comfortable with and who will evaluate and explain your options to you based on the details of your particular situation.

Adequate service is a requirement of proper civil procedure. If there is is a lack of service, you should probably file a motion to dismiss the case for lack of adequate service. How you prove you didn't get certified mail is beyond me. Especially if he has the return ticket saying it was delivered.

then he is lying, unless he has you signed receipt

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