Legal Opinion
Zazzali ex rel. Debtors' Jointly-Administered Chapter 11 Estates v. 1031 Exchange Group LLC (In re DBSI, Inc.)
United States Bankruptcy Court, D. Delaware
Decided October 24, 2013No. Case No. 08-12687(PJW) Jointly Administered; Adv. Proc. No. 10-54648(PJW)Published
1Opinion of the Court
Chapter 11
MEMORANDUM OPINION
WALSH, J.
This opinion is with regard to the motion filed by Martha Walker, the third-party defendant (“Walker”), to set aside an order of default and vacate a subsequent default judgment. (Adv. Doc. # 1266.) For the reasons detailed below, I will grant the motion.
Background
The underlying bankruptcy case was filed on November 10, 2008 by DBSI, Inc. and its affiliates (the “Debtors”) under Chapter 11 of the Bankruptcy Code. James R. Zazzali (“Trustee”) was thereafter appointed to serve as the trustee of Debtors estate. Trustee filed this adversary proceeding on…
2Cases cited13 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- In Re O'brien Environmental Energy, Inc.Court of Appeals for the Third Circuit · 1999
- Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)Court of Appeals for the First Circuit · 1994
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