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In re Canopy Fin. Inc.

In a claw-back action by a receiver on behalf of plaintiff debtor, a default judgment was entered against defendant casino for plaintiff's monies spent by two of its officers, who were later convicted of fraud. When plaintiff executed on the judgment, defendant moved under Fed. R. Bankr. P. 9024 to vacate the default. A bankruptcy judge denied the motion. The U.S. District Court for the Northern District of Illinois affirmed. Defendant appealed.
Ruling: 
Transferee could not vacate default in avoidance proceeding where it did not supply necessary precedent to district court.
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Commercial case opionion summary, case decided on February 28,2013, LexisNexis #0313-104

Erdmann v. Charter One Bank (In re Erdmann)

Defendant creditor filed a motion for summary judgment in plaintiff Chapter 13 debtors' adversary proceeding, which sought to avoid the creditor's junior mortgage lien on the debtors' residence. The creditor also filed a motion to vacate the order of confirmation entered in the underlying bankruptcy case as to the section in the plan that provided for the avoidance of its lien.
Ruling: 
Confirmation voided due to failure to provide creditors with opportunity to object to proposed avoidance of liens.
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Consumer case opionion summary, case decided on March 10,2011, LexisNexis #0411-068