Legal Opinion
Slutsky v. American Express Travel Related Services Co. (In Re William Cargile Contractor, Inc.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided June 13, 1997No. BAP No. 97-8013, Bankruptcy No. 1-92-04791PublishedCited by 15 opinions
1Opinion of the Court
OPINION
This appeal arises from the Trustee’s failure to serve a nonappearing defendant with a motion for default judgment. The bankruptcy court vacated the default judgment and the Trustee initiated this appeal.
We REVERSE.
I. ISSUE ON APPEAL
The issue is whether the bankruptcy court erred by vacating the default judgment based on the Trustee’s failure to serve Western with the motion for default judgment.
II. JURISDICTION AND STANDARD OF REVIEW
In an order entered on March 28, 1997, this Bankruptcy Appellate Panel determined that the bankruptcy court order vacating the default judgment was not a…
2Cases cited24 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Hanna v. PlumerSupreme Court of the United States · 1965
- Rubin v. United StatesSupreme Court of the United States · 1981
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Pavelic & LeFlore v. Marvel Entertainment Group, Div. of Cadence Industries Corp.Supreme Court of the United States · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Aboody v. United States (In Re Aboody)Bankruptcy Appellate Panel of the First Circuit · 1998
- Olson v. Anderson (In Re Anderson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Bavely v. Powell (In Re Baskett)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Bank One, National Ass'n v. Bever (In Re Bever)Bankruptcy Appellate Panel of the Sixth Circuit · 2003
- Schwab v. Oscar (In re SII Liquidation Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 2014
10 more not listed; retrieve them via the Exa API.