In re Jones (99-55074, Adv. 01-05024)

The Court decided motions from two defendants to open default arising from violations of the automatic stay and discharge injunction. Court considered four factors. The motion of one defendant was denied because the Court found he was culpable in the default due to his failure to retain counsel despite repeated suggestions by the Court that he do so. The Court granted the motion of the other defendant, finding failure of its explanation to file answer to be sufficient to satisfy good cause requirement.

Tuesday, July 17, 2001