Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Search Opinion

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