McAdams, Inc. v. Childers (In Re Childers)

MEMORANDUM DECISION

SUSAN V. KELLEY, Bankruptcy Judge.

In Mega Marts, Inc. v. Trevisan (In re Trevisan), 300 B.R. 708 (Bankr.E.D.Wis.2003), this court denied a motion for default judgment in a nondischargeability action arising out of the debtor’s presentation of NSF checks to two grocery stores. The court held that neither the debtor’s default on a state court small claims action involving the bad checks nor the debtor’s failure to respond to the nondischargeability complaint entitled the plaintiff grocery stores to a judgment on the merits. Id. at 716. In order to prevail, the plaintiffs were…