Can a motion to vacate a default judgment be made against a debtor who failed to respond to the notice?

MultiRegion, United States of America

The following excerpt is from Hill, In re, 995 F.2d 231 (9th Cir. 1993):

A district court may deny a motion to vacate a default judgment if "(1) the plaintiff would be prejudiced if the judgment is set aside, (2) defendant has no meritorious defense, or (3) the defendant's culpable conduct led to the default." Hammer v. Drago (In Re Hammer), 940 F.2d 524, 525-26 (9th Cir.1991). If a party receives actual or constructive notice of the filing of the action but fails to answer the complaint when process is properly served, then that party's conduct is culpable. Id. at 526. Service by first class mail to the address given by the debtor after the initiation of a bankruptcy proceeding is proper under Bankruptcy Rule 7004. See id. at 526.

Other Questions


What is the test for a motion to vacate judgment for abuse of judgment? (MultiRegion, United States of America)
Does Section 192 of the Civil Code of Civil Procedure require a debtor to have written to the government with notice of the debt owed to the debtor before the debtor can claim the debt? (MultiRegion, United States of America)
Can a motion to dismiss a motion by dismissal rather than by judgment be disposed of by judgment? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Can an order denying a motion to vacate judgment be appealed as a final judgment? (MultiRegion, United States of America)
Can Bothke bring a motion to vacate and remand a judgment against him for failing to state a cause of action? (MultiRegion, United States of America)
What is the test for a motion to vacate or remand a sentence that would have been vacated or vacated? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Is a motion for review of the sufficiency of the evidence waived if the accused fails to make a motion of judgment of acquittal before the matter is sent to the jury? (MultiRegion, United States of America)
When a petitioner fails to show cause for default and fails to provide cause for the default, does the court need to consider whether the petitioner suffered prejudice? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.