- 11 U.S.C.
Mann v. Smith (In re Smith)
May
14
2008
Ruling
Denial of discharge for failure to appear at hearing on default motion vacated based on excusable neglect.
Procedural posture
Defendant debtors filed for relief under chapter 7 of the Bankruptcy Code, and in an earlier proceeding, the court granted plaintiff trustee's motion for a default judgment and entered an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2). The debtors filed a letter with the court that the court construed as a motion to vacate the order denying discharge.
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Court
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