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Rule 7055

Blevins v. Herzig (In re Herzig)

Oct
26
2015
Ruling
Default vacated due to debtor's swift action to obtain new counsel and lack of prejudice.
Issue(s)
Should debtor's default be vacated for good cause?

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Consumer opinion summary, case decided on October 26, 2015 , LexisNexis #1115-105
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Gray v. Bank of Am. (In re Gray)

Jan
15
2010
Ruling
Default judgment in proceeding to strip lien due to valuation issues.
Procedural posture

Plaintiffs, debtors in two chapter 13 cases, filed complaints against defendant creditors seeking to strip off subordinate deeds of trust from their homes. The creditors, both lenders, did not defend the suits. Both debtors filed motions for default judgments pursuant to Fed. R. Bankr. P. 7055, which incorporated Fed. R. Civ. Proc. 55(b)(2).

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Consumer opinion summary, case decided on January 15, 2010 , LexisNexis #0310-059
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Ragsdale v. Morgan (In re Morgan)

May
29
2009
Ruling
Debtor's default in adversary proceeding could not be set aside absent showing of excusable neglect.
Procedural posture

Chapter 7 trustee brought an dischargeability proceeding against debtor. Pending was debtor's motion to set aside entry of default judgment.

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Consumer opinion summary, case decided on May 29, 2009 , LexisNexis #0809-062
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Parker v. Pettigrew (In re Osterwalder)

Dec
30
2008
Ruling
Default judgment granted to trustee in legal malpractice proceeding against debtor's attorneys.
Procedural posture

Plaintiff trustee filed an adversary proceeding against defendants, an attorney and the professional businesses for which he worked, alleging a legal malpractice claim. The trustee's claims arose out of the attorney's legal representation of the debtor in the underlying chapter 7 bankruptcy case and an earlier chapter 11 bankruptcy case. The trustee moved for default judgment under Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.

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Consumer opinion summary, case decided on December 30, 2008 , LexisNexis #0909-026
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Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC)

Sep
12
2008
Ruling
Corporation could not set aside default in adversary proceeding absent showing of excusable neglect.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant corporation seeking to recover preferential transfers, and default judgment was entered against the corporation based on the corporation's failure to respond. The corporation moved to reopen the case and set aside the default judgment.

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Commercial opinion summary, case decided on September 12, 2008 , LexisNexis #0209-134
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