Order granting Defendants’ motion to set aside and vacate default judgment. After Defendants’ failed to appear or respond to the complaint, the Court entered default judgment denying their chapter 7 discharge. Defendants appeared by counsel immediately after default judgment was entered, asserting that the default judgment should be set aside on the basis of excusable neglect. The Court held that Defendants’ met the excusable neglect standard because they asserted potentially meritorious defenses, showed a good reason for the default, and showed a lack of substantial prejudice to Plaintiff.
File:
Date:
01/26/2012