Legal Opinion
Chase Bank USA, N.A. v. Hampson (In Re Hampson)
United States Bankruptcy Court, N.D. Georgia
Decided September 14, 2009No. 19-51561PublishedCited by 3 opinions
1Opinion of the Court
ORDER DENYING MOTION FOR DEFAULT JUDGMENT
PAUL W. BONAPFEL, Bankruptcy Judge.
Chase Bank USA, N.A. (the “Plaintiff’) seeks entry of default judgment on its claim that its debt, consisting of cash advances incurred by the Debtor, Elizabeth Hampson, within 174 days of filing bankruptcy, is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and § 523(a)(2)(C). 1
The Plaintiff has moved for entry of default judgment on its dischargeability claims. Entry of default judgment is discretionary. See Fed.R.Civ.P. 55(b) (applicable under FED. R. BANKR. P. 7055). “[A] defendant’s default does not in…
2Cases cited4 opinions
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- First National Bank of Mobile D/B/A Bankamericard/visa v. Harold Eugene Roddenberry and Jayne Hettie RoddenberryCourt of Appeals for the First Circuit · 1983
- FDS National Bank v. Alam (In Re Alam)United States Bankruptcy Court, N.D. Georgia · 2004
- In Re EgwimUnited States Bankruptcy Court, N.D. Georgia · 2003
3Cited by3 opinions
- American General Financial Services, Inc. v. Rowell (In Re Rowell)United States Bankruptcy Court, D. South Carolina · 2010
- McKETHAN v. WELLS FARGO BANK, N.A.Court of Appeals of Georgia · 2015
- Miller as Chapter 7 Trustee v. New Penn Financial, LLC, d/b/a Shellpoint MortgageUnited States Bankruptcy Court, N.D. Georgia · 2019