Case Summary:
Plaintiffs, six businesses, filed complaints alleging nondischargeability of debts under section 523(a)(2)(A) for writing checks that bounced.  Defendants' attorney failed to appear at the hearing, and the matter was dismissed for want of prosecution.  Defendant's attorney moved the Court to reopen the adversary proceeding, and simultaneously moved the Court for a default judgment against the debtor.  The Court granted the motion to reopen under the excusable neglect theory.  Defendants were less fortunate on their default motion.  A check is not a representation, writing a check that bounces is not fraud, and the Court would not default a debtor without proof of specific false representations or fraud.  The Court gave the Defendants 30 days from the date of the decision to request a prove-up hearing.

Statute/Rule References:
11 U.S.C. § 523(a)(2)(A) -- Nondischargeability - Fraud
Fed. R. Bankr. P. 9024
Fed. R. Civ. P. 60(b) -- Relief from a Judgment Order
Wis. Stat. § 943.21
Wis. Stat. § 943.24

Key Terms:
Excusable Neglect
Fraud
Non-Dischargeable Debt