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River City Bank v. Mathis (In re Mathis)

River City Bank v. Mathis (In re Mathis)

Ruling
Debtor's default for excusable neglect set aside, despite delay, given only minor prejudice to creditor.
Procedural posture

Debtors timely moved to set aside a default judgment entered in favor of creditor for excusable neglect under Fed. R. Civ. P. 55(c) and 60(b), Fed. R. Bankr. P. 7055, 9024. The default judgment denies debtors a discharge in their converted chapter 7 case under 11 U.S.C.S. § 727.

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Consumer opinion summary, case decided on January 26, 2012 , LexisNexis #0612-054