Tamarkin v. Wells (In Re Wells)

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Defendant Joanne Wells (“defendant”) has filed this motion to vacate an August 12, 1987 order which declared nondis-chargeable a debt owed by defendant to plaintiff Michael J. Tamarkin (“plaintiff”). The order was entered after defendant failed to file an answer within an ambiguous extended answer period. We find that defendant’s failure to answer constituted excusable neglect, that plaintiff will not be substantially prejudiced if the judgment is opened and that defendant has a potentially meritorious defense. Accordingly, we grant the…