Legal Opinion

Dierschke v. O'Cheskey

Court of Appeals for the Fifth Circuit

Decided October 13, 1992No. 92-1303PublishedCited by 3 opinions

1Opinion of the Court

POLITZ, Chief Judge:

Brian Dierschke appeals a decision of the district court denying him relief from entry of a default and the subsequent judgment by default by the bankruptcy court. The district court affirmed. Finding neither error nor abuse of discretion we affirm.

Background

This case arises out of a voluntary bankruptcy proceeding involving Dierschke’s parents. The trustee and a creditor 1 com menced an adversarial proceeding against Dierschke exactly one year after a reorganization plan had been confirmed by the bankruptcy court. This proceeding involved an alleged series of fraudulent…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  3. Shepard Claims Service, Inc. v. William Darrah & Associates, a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1986
  4. Alan Neuman Productions, Inc. v. Jere AlbrightCourt of Appeals for the Ninth Circuit · 1989
  5. John C. Keegel v. Key West & Caribbean Trading Company, Inc.Court of Appeals for the D.C. Circuit · 1980

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3Cited by3 opinions

  1. Dierschke v. O'CheskeyCourt of Appeals for the Fifth Circuit · 1992
  2. The Jones Group of Mississippi, LLC v. Zurich American Insurance CompanyDistrict Court, S.D. Mississippi · 2020
  3. Tom Withers, III v. City of AberdeenDistrict Court, N.D. Mississippi · 2026

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