Legal Opinion
Discover Bank v. Fuentes (In re Fuentes)
United States Bankruptcy Court, S.D. Texas
Decided July 13, 2012No. Bankruptcy No. 11-10313; Adversary No. 11-1004PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARVIN ISGUR, Bankruptcy Judge.
On January 24, 2012, Plaintiff Discover Bank filed a motion to reconsider the Court’s January 23, 2012 judgment entered in favor of Defendant Yolanda Fuentes for Discover’s failure to appear at trial. A hearing was held on May 14, 2012. Discover argued that it deserved relief from the judgment because of excusable neglect and a meritorious defense. The meritorious defense was that Discover should have been given a default judgment for Ms. Fuentes’ failure to answer. For the reasons set forth below, this Court holds that Discover is not entitled…
2Cases cited13 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- Edward H. Bohlin Co., Inc. v. Banning Co., Inc.Court of Appeals for the Fifth Circuit · 1993
- Plotkin v. IP Axess Inc.Court of Appeals for the Fifth Circuit · 2005
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
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3Cited by5 opinions
- In re BrunsonUnited States Bankruptcy Court, N.D. Texas · 2013
- Indiana ex rel. Indiana Department of Workforce Development v. Jewell (In re Jewell)United States Bankruptcy Court, N.D. Indiana · 2016
- Fratantuono v. Fundakowski (In re Fundakowski)United States Bankruptcy Court, D. Rhode Island · 2016
- Treasures London Limited v. KeswaniUnited States Bankruptcy Court, S.D. New York · 2021
- University First Federal Credit Union v. CornwallUnited States Bankruptcy Court, D. Utah · 2020