Johnson v. Gregory County Auditor (In Re Johnson)

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s order denying a motion for a default judgment and dismissing an adver sary complaint seeking damages for alleged violations of the automatic stay or discharge injunction. 1 We dismiss the appeal.

Although the caption names the Debtor, Rodney Arthur Johnson, as the Plaintiff-Appellant, Mr. Johnson is not a party to this appeal, nor was he a party to the adversary proceeding, because he died before the complaint was filed in September 2008. Douglas Kettering, the attorney who represented the Debtor in his bankruptcy case prior…