Blevins v. Herzig (In re Herzig)

(Bankr. W.D. Ky. Oct. 26, 2015)

The bankruptcy court grants the debtor’s motion to vacate the clerk’s entry of default against him in this nondischargeability action. The court considers the standard for vacating an entry of default under Bankruptcy Rule 7055(c) and finds that the debtor met that standard. The plaintiff is not prejudiced by the requested relief, the debtor made a sufficient showing of a potential meritorious defense, and the default was not precipitated by culpable conduct of the debtor. The delay was caused, in part, because the debtor had moved to a new address, and the debtor had acted in a reasonable amount of time to retain counsel. Opinion below.

2015-10-26 – in re herzig

Author: Matt Lindblom