Smith v. Botzet (In Re Smith)

MEMORANDUM OPINION

RICHARD E. FEHLING, Bankruptcy Judge.

I. INTRODUCTION

Bradley Botzet was an employee of the construction company in which Debtor, Laurie D. Smith, was a partner with her now deceased husband. Mr. Botzet was seriously injured while working for the partnership. Most unfortunately, Debtor and her husband had no workers’ compensation insurance. Pursuant to Pennsylvania law, Mr. Botzet was able to have a “place-holding” 1 judgment entered in the Berks County Court of Common Pleas against Debtor 2 and in favor of Mr. Bot-zet, without having a hearing. After a later quasi-judicial…