River City Bank v. Mathis (In re Mathis)

465 B.R. 325
CourtUnited States Bankruptcy Court, N.D. Georgia
DecidedJanuary 27, 2012
DocketBankruptcy No. 10-43028-MGD; Adversary No. 11-04023-MGD
StatusPublished
Cited by2 cases

This text of 465 B.R. 325 (River City Bank v. Mathis (In re Mathis)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
River City Bank v. Mathis (In re Mathis), 465 B.R. 325 (Ga. 2012).

Opinion

ORDER GRANTING DEBTORS’ MOTION TO SET ASIDE DEFAULT JUDGMENT

MARY GRACE DIEHL, Bankruptcy Judge.

The default judgment at issue in this case denies Debtors’ discharges and thus involves the central issue in a Chapter 7 case. While Debtors had retained counsel in the bankruptcy case, originally filed as a Chapter 12 case, that counsel notified Debtors of his intent to withdraw prior to the date on which an answer in this adversary proceeding was due. Debtors failed to timely answer the Complaint. Plaintiff River City Bank (“Plaintiff’) sought the entry of a default by the clerk, and default was entered. Plaintiff then filed a Motion for Default Judgment and scheduled the matter for hearing. (Docket No. 12). The hearing notice, served on the pro se debtors, included a response date of October 28, 2011. Plaintiff then withdrew the notice of hearing two weeks before the response date. Debtors obtained counsel [329]*329and filed a Response to the Motion for Default Judgment (Docket No. 15) and an Answer (Docket No. 16) on October 28, 2011.1 A Default Judgement was entered by the Court on October 28, 2011, and Debtors timely moved to set aside the Default Judgment under Federal Rule of Bankruptcy Procedure 9024, which incorporates Rule 60 of the Federal Rules of Civil Procedure. As set forth in more detail below, Debtors’ motion is granted on the grounds set forth in Rule 60(b).

FACTUAL AND PROCEDURAL HISTORY

Christopher Warren Mathis and Paula Kay Mathis (“Debtors”) filed their petition for relief under Chapter 12 of the Bankruptcy Code on August 2, 2010. After failing to confirm a Chapter 12 plan, and on motion by the Chapter 12 Trustee, the case was converted to Chapter 7 on January 19, 2011. Plaintiff commenced this adversary proceeding by filing a Complaint on April 18, 2011, seeking a denial of Debtors’ discharge under 11 U.S.C. § 727. The certificate of service shows that the complaint and summons were properly served on Debtors and James H. Bone, counsel for Debtors in the underlying bankruptcy case.2 The summons required an answer or motion to be filed on or before May 18, 2011. Mr. Bone never appeared as Debtors’ counsel of record in this adversary proceeding.

On May 23, 2011, Mr. Bone filed a motion to withdraw as counsel of record in Debtors’ underlying bankruptcy case and in the two other adversary proceedings in which he had appeared. Debtors did not oppose or otherwise respond to this motion. Having never appeared as counsel of record in this adversary proceeding, Mr. Bone did not file a motion to withdraw in it. On June 15, 2011, the Court entered an order allowing Mr. Bone to withdraw as Debtors’ counsel of record in the other cases. (Bankruptcy Case No. 10-43028-MGD (Docket No. 181)).

No responsive pleading was timely filed by or on behalf of Debtors to Plaintiffs Complaint. On July 27, 2011, Plaintiff served and filed a request for entry of default, and the clerk of court properly entered default in accordance with Fed. R. Bankr.P. 7055. (Docket No. 8). Though served with Plaintiffs request, Debtors did not respond. When Plaintiff did not file a motion for default judgment, the Court entered an order on September 14, 2011 directing Plaintiff to file a motion for default judgment within 21 days. (Docket No. 10). Plaintiff filed its Motion for Default Judgment on September 28, 2011 and served the motion and a notice of hearing on Debtors. (Docket No. 12). The notice of hearing informed Debtors that a hearing would be held on November 2, 2011 and that Debtors had until October 28, 2011 to respond. (Docket No. 12). Plaintiff withdrew its notice of hearing on October 13, 2011, and the matter was removed from the November 2, 2011 calendar. (Docket No. 13).

At an October 19, 2011 hearing on another adversary proceeding involving Debtors (Abbasi v. Mathis, Adversary Proceeding No. 11-4001-MGD), Debtor C.W. Mathis and counsel for Plaintiff in this case were both present. The Court [330]*330inquired about the status of this ease (i.e., River City Bank v. Mathis) at that hearing. Debtor C.W. Mathis acknowledged service of the Motion for Default Judgment. He also informed the Court of his unsuccessful attempts to hire counsel. Counsel for Plaintiff then informed the Court and Debtors that he had withdrawn the notice of hearing and hearing date for the Motion for Default Judgment.

The Court entered an order granting Plaintiffs Motion for Default Judgment on October 28, 2011, after the time for response had expired under Local Rule 7007-1. (Docket No. 17). (Though signed on October 28, a Friday, this Order was not docketed by the Clerk’s office until Monday, October 31, 2011). An order granting Default Judgment in favor of Plaintiff was entered contemporaneously. (Docket No. 18). Also on October 28, 2011, Debtors filed a Response to Plaintiffs Motion for Default Judgment and an Answer to Plaintiffs Complaint. (Docket Nos. 15, 16). Debtors’ Response and Answer were filed after the close of business on October 28, 2011, after the Court had granted Plaintiffs Motion for Default Judgment.

Then, on November 14, 2011, Debtors filed their Motion To Vacate And Set Aside The Default Judgment And Reconsider The Order Granting Plaintiffs Motion For Default Judgment (“Motion”). (Docket No. 21). Plaintiff filed a Response on November 28, 2011. (Docket No. 22). And Debtors filed an Amended Motion on December 9, 2011. (Docket No. 23).

DISCUSSION OF LAW

Debtors argue that the default judgment should be set aside under Rule 60(b) for excusable neglect or for other reasons justifying relief. Taking into account all the relevant circumstances, Debtors are entitled to have the default judgment set aside for excusable neglect. Setting aside the default judgment serves the strong judicial policy of adjudicating cases on their merits.

A. Debtors are entitled to relief under Federal Rule of Civil Procedure 60(b)

Two competing judicial policies surround default judgments: preserving the finality of judgments and adjudicating cases on their merits. Valdez v. Feltman (In re Worldwide Web Systems, Inc., 328 F.3d 1291, 1295 (11th Cir.2003)). Under the strong judicial policy of adjudicating cases on their merits, courts view default judgments with disfavor. Id. This important policy has been consistently noted by the Eleventh Circuit. Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 400-403 (5th Cir.1981).3 Though the penalty of default serves to enforce the orderly, efficient administration of judicial proceedings, doing justice in particular cases often requires setting aside a default judgment. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
N.D. Georgia, 2026
Dan Bogdan
N.D. Georgia, 2023
Fred Milani
N.D. Georgia, 2019

Cite This Page — Counsel Stack

Bluebook (online)
465 B.R. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/river-city-bank-v-mathis-in-re-mathis-ganb-2012.