Search Opinion

Blevins v. Herzig (In re Herzig)

Ruling: 
Default vacated due to debtor's swift action to obtain new counsel and lack of prejudice.
ABI Membership is required to access the full summary of Blevins v. Herzig (In re Herzig). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 26,2015, LexisNexis #1115-105

Gray v. Bank of Am. (In re Gray)

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).
Ruling: 
Default judgment in proceeding to strip lien due to valuation issues.
ABI Membership is required to access the full summary of Gray v. Bank of Am. (In re Gray). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0310-059

Ragsdale v. Morgan (In re Morgan)

Chapter 7 trustee brought an dischargeability proceeding against debtor. Pending was debtor's motion to set aside entry of default judgment.
Ruling: 
Debtor's default in adversary proceeding could not be set aside absent showing of excusable neglect.
ABI Membership is required to access the full summary of Ragsdale v. Morgan (In re Morgan). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 29,2009, LexisNexis #0809-062

Parker v. Pettigrew (In re Osterwalder)

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.
Ruling: 
Default judgment granted to trustee in legal malpractice proceeding against debtor's attorneys.
ABI Membership is required to access the full summary of Parker v. Pettigrew (In re Osterwalder). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-026

Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC)

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.
Ruling: 
Corporation could not set aside default in adversary proceeding absent showing of excusable neglect.
ABI Membership is required to access the full summary of Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 12,2008, LexisNexis #0209-134