Bankr. No.:
04-40136
Adv. No.:
04-4016
Chapter:
7
Date of Decision:
June 4, 2004
Issue:
Whether default judgment should be vacated under Fed.R.Civ.P. 60(b)(1) for excusable neglect where Defendants misinterpreted Fed.R.Bankr.P. 9006(f) and thus miscalculated the answer deadline?
Ruling:
Though a mistake of law generally does not constitute excusable neglect, the default judgment was vacated since no bad faith or prejudice to Plaintiff was indicated and the delay in the proceeding was very short.
Full Bankruptcy Court Decision:
