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Durand v. Ackerman (In re Durand)

Durand v. Ackerman (In re Durand)

Ruling
Default and sanctions reversed as failure to appear at hearing in avoidance proceeding was insufficient grounds.
Procedural posture

Appellant husband sought review of the judgments of the United States Bankruptcy Court, which denied his motion for reconsideration and granted appellee trustee's motion, pursuant to Fed. R. Bankr. P. 7037 and Fed R. Civ. P. 37, for default judgment and sanctions, specifically attorney's fees and costs, in an action to avoid the debtor's transfer of property to her husband as a fraudulent conveyance or unauthorized post-petition transfer.

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Consumer opinion summary, case decided on September 16, 2008 , LexisNexis #1008-136