Legal Opinion

Cashco Financial Services, Inc. v. McGee (In Re McGee)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 2006No. BAP No. OR-06-1065MAHK. Bankruptcy No. 05-60428. Adversary No. 05-06082PublishedCited by 30 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Following a default prove-up hearing concerning the nondischargeability of a $715 loan debt, the bankruptcy court denied the plaintiff-lender’s motion for entry of a default judgment, ruled the debt to be discharged, and dismissed the adversary proceeding.

On appeal, the lender maintains only that, where a prima facie case had been pled, the bankruptcy court erred in refusing to enter default judgment on the amended complaint. We hold that the bankruptcy court did not abuse its discretion in requiring proof of the material facts and in refusing to…

2Cases cited38 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. Gary R. Eitel v. William D. McCoolCourt of Appeals for the Ninth Circuit · 1986
  5. Field v. MansSupreme Court of the United States · 1995

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3Cited by30 opinions

  1. United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. Heritage Pacific Financial, LLC v. MacHuca (In Re MacHuca)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  3. All Points Capital Corp. v. Meyer (In Re Meyer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Hopper v. Everett (In Re Everett)United States Bankruptcy Court, D. Arizona · 2007
  5. Brown v. CitiBank, N.A. (In re Brown)United States Bankruptcy Court, S.D. California · 2016

25 more not listed; retrieve them via the Exa API.

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