Case Summary:
Pro se Chapter 7 debtors failed to appear at a pretrial conference or file the required pretrial statement in an adversary proceeding. The Court entered a default. The Plaintiffs in the proceeding brought a motion for default judgment, but failed to properly serve the Debtors. The Debtors failed to appear, and the judgment of default was granted. The Debtors then retained counsel and sought to reopen their case to set aside the default judgment and entry of default. The Court held that the default judgment was void, given the lack of notice to the Debtors. But the Court refused to remove the entry of default, since the Debtors failed to show good cause. Pro se litigants were not, the Court held, automatically entitled to more lenient treatment than other litigants.
Statute/Rule References:
Fed. R. Bankr. P. 7055
Fed. R. Bankr. P. 9024
Key Terms:
Default
Default Judgment
Entry of Default