DeBarros v. National City Bank (In re DeBarros)

MEMORANDUM TO THE PARTIES

PAUL MANNES, Bankruptcy Judge.

This case came before the court for a pre-trial conference. First of America Bank, now known as National City Bank, did not file an answer, and the Clerk entered a default as to it. Apparently being ignorant of what counsel did on its behalf in state court, Defendant filed a proof of claim for an unsecured claim without priority.

The effect of the Defendant’s default is that the facts of the complaint, but not conclusions, are assumed by this court to be true for the purposes of this decision. In re Goycochea, 192 B.R. 847…