Chugh Shopping Center, Inc. v. Ameris Bank

Phipps, Chief Judge.

Ameris Bank1 filed suit on a promissory note against Chugh Shopping Center, Inc.,2 eventually procuring a default judgment. About two years later, Chugh Shopping Center filed a motion to set aside the default judgment as prematurely entered, given its bankruptcy protections at the time. The trial court denied the motion to set *244aside, and Chugh Shopping Center appeals. For reasons that follow, we vacate the judgment and remand this case for proceedings not inconsistent with this opinion.

On October 20, 2009, Ameris Bank filed a complaint against Chugh Shopping Center, which…