Legal Opinion
FCC National Bank v. Roberts (In Re Roberts)
United States Bankruptcy Court, W.D. Michigan
Decided March 20, 1996No. 19-04260PublishedCited by 7 opinions
1Opinion of the Court
SUPPLEMENTAL OPINION DENYING ENTRY OF DEFAULT JUDGMENT 1
JO ANN C. STEVENSON, Bankruptcy Judge.
At issue in this adversary proceeding is whether a default judgment may enter against a nonappearing debtor in a § 523(a)(2)(A) dischargeability proceeding, where the claimant presents no evidence. We hold that it may not, for the reasons which follow.
Jurisdiction over this matter arises pursuant to 28 U.S.C. § 1334(b) and the general order of reference entered in this District. This dispute is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(I). Accordingly, the Court is authorized to enter…
2Cases cited16 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Gleason v. ThawSupreme Court of the United States · 1915
- Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993
- In Re Terry Patrick Ward, Debtor, Manufacturer's Hanover Trust Company v. Terry Patrick WardCourt of Appeals for the Sixth Circuit · 1988
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Talbert v. City Mortgage Services (In Re Talbert)United States Bankruptcy Court, W.D. Michigan · 2001
- Armbrustmacher v. Redburn (In Re Redburn)United States Bankruptcy Court, W.D. Michigan · 1996
- Merritt v. Layne (In re Layne)United States Bankruptcy Court, E.D. Kentucky · 2014
- Shaw v. Shaw (In Re Shaw)United States Bankruptcy Court, W.D. Michigan · 1997
- Rembert v. Citibank (South Dakota), NADistrict Court, E.D. Michigan · 1996
2 more not listed; retrieve them via the Exa API.