Legal Opinion

Media Capital Associates LLC. v. Taylor (In Re Taylor)

District Court, E.D. Michigan

Decided May 31, 2007No. 07-10540. Bankr. No. 05-79412-TJTPublishedCited by 2 opinions

1Opinion of the Court

OPINION

LAWSON, District Judge.

The question presented by this appeal is whether the bankruptcy court abused its discretion when it entered a default judg ment against the defendant-debtors for failing to comply with an order to answer discovery requests that were long overdue in a non-dischargeability adversary proceeding. The default judgment sanction for failing to give discovery is a harsh one intended to be used as a last resort, and perhaps other judges confronted by similar facts would not have turned to it as quickly as did the bankruptcy judge here. However, under the deferential…

2Cases cited6 opinions

  1. United States v. Juan Reyes, Juan A. Acevedo, Claimant-AppellantCourt of Appeals for the Sixth Circuit · 2002
  2. Mike's Train House, Inc. v. Lionel, L.L.C., Korea Brass and Yoo Chan YangCourt of Appeals for the Sixth Circuit · 2006
  3. Bank One of Cleveland, N.A. v. AbbeCourt of Appeals for the Sixth Circuit · 1990
  4. David ENGEBRETSEN, Plaintiff-Appellant, Hartford Insurance Company, Intervening Plaintiff, v. FAIRCHILD AIRCRAFT CORPORATION, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1994
  5. Gencorp, Inc. v. Olin CorporationCourt of Appeals for the Sixth Circuit · 2007

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3Cited by2 opinions

  1. Shapiro v. Plante & Moran, LLP (In Re Connolly North America, LLC)United States Bankruptcy Court, E.D. Michigan · 2007
  2. Western Reserve Logistics Group, LLC. v. Trend Beauty Corp., ET AL.District Court, N.D. Ohio · 2026

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