The Debtor filed a complaint to avoid a judgment lien of East Bay Funding, LLC. East Bay did not answer the Debtor’s complaint and subsequently, the Debtor filed a motion for default judgment. Case law provided that entering a default judgment is a matter of the court’s discretion. The facts pleaded by the Debtor did not support the relief requested because no exceptions which would allow for lien avoidance applied. Accordingly, the motion for default judgment was denied.
File:
Judge:
Date:
Tuesday, May 29, 2012
Category:
Default Judgment
Lien Avoidance
Chapter:
13
