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Miller v. Homecomings Fin. Network Inc. (In re McMahon)

Plaintiff chapter 13 trustee filed a motion for a default judgment pursuant to Fed. R. Civ. P. 55(b), made applicable by Fed. R. Bank. P. 7055, against defendant creditor after the creditor failed to respond to the trustee's complaint, which sought to avoid the creditor's mortgage lien.
Ruling: 
Trustee's motion for default in avoidance proceeding denied due to improper service.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0309-059