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