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Cynthia Henley and Markus Bruce Henley v. Express Collections and Meade County (In re Henley)

Bankr. No.: 
03-50441
Adv. No.: 
04-5007
Chapter: 
7
Date of Decision: 
July 13, 2004
Issue: 
Whether the clerk’s entry of default should be vacated and whether Defendant County should be allowed to file a late answer to Debtors’ § 523(a)(3) complaint?
Ruling: 
The Clerk’s entry of default was allowed to stand. Defendant County, however, was allowed to file a late answer but only to the extent it raised justiciable issues under § 523(a)(3). The Complaint did not address the County’s lien, so the answer should not address that issue.
Full Bankruptcy Court Decision: