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Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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How does a Default Judgment on an Adversary Complaint affect

Customer Question

How does a Default Judgment on an Adversary Complaint affect the creditor's rights under a Chapter 7 proceeding?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

cfortunato :

Hi JACustomer,

JACUSTOMER-zqhv434r- :

Hi,

JACUSTOMER-zqhv434r- :

So, the defendant defaulted on the Adversary Complaint, but if a default judgment enters, does the Chap. 7 case dissolve?

cfortunato :

The debtor did not show up for the AP?

JACUSTOMER-zqhv434r- :

No answer was filed

cfortunato :

That is not enough to dismiss a Bankruptcy case.

cfortunato :

The creditor filed the AP?

JACUSTOMER-zqhv434r- :

Yes it is for an Adversary Complaint, the court has defaulted the defendant/petitioner

JACUSTOMER-zqhv434r- :

Of course the creditor did

cfortunato :

Yes - it is possible that not showing up for a trustee's AP would result in dismissal, but not if the creditor filed the AP.

JACUSTOMER-zqhv434r- :

You don't seem to be familiar with this topic

cfortunato :

A

cfortunato :

A Bankruptcy debtor has the right to - but is not required to - defend himself in an adversary proceeding.

JACUSTOMER-zqhv434r- :

Hello?

JACUSTOMER-zqhv434r- :

As I said, the Court entered a default and is requesting a Proposed Judgment

cfortunato :

If not answering the AP could result in dismissal, the case would have been dismissed - no default judgment would have been issued.

JACUSTOMER-zqhv434r- :

I really don't think you have experience with this, I'm sorry.

cfortunato :

I will opt out of this question so that someone else can help you further.

JACUSTOMER-zqhv434r- :

Thank you.

cfortunato :

You're welcome!

Expert:  cfortunato replied 5 years ago.
You're welcome!