Keeley v. Grider

(Sixth Circuit Nov. 3, 2014)

The Sixth Circuit affirms the bankruptcy court’s denial of the adversary proceeding plaintiff’s motion to amend the default judgment she obtained nearly a year earlier. The plaintiff had sought a judgment against the debtor for his liability on a promissory note and a declaration that such debt was nondischargeable. The debtor defaulted, and the plaintiff obtained a default judgment entry by the clerk for the amount owed on the note. The plaintiff then sought to amend that judgment to include language declaring the debt nondischargeable. The court affirms the bankruptcy court’s denial of the motion, noting that Civil Rule 60(a) (through Bankruptcy Rule 9024) is appropriate to correct clerical and similar errors in judgments but should not be used to change substantive rights between the parties. Further, because the plaintiff had sought entry of the default judgment by the clerk, the nondischargeability determination could not have been included in the judgment, as the court must enter a default judgment if anything more than an award for a sum certain is sought. Opinion below.

2014-11-03 – keeley v grider

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s