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Judge Timothy J. Mahoney (Retired)

Richard D. Myers, Chap. 7 Trustee v. Jeff & Tiffany Christensen (In re Floors & More, Inc.), Ch. 7, BK06-81735-TJM, A07-8056-TJM (Sept. 21, 2007)

The court denied the trustee's motion to dismiss the creditors' counterclaim because they had not filed a timely proof of claim, ruling that the adversary proceeding was a better place to deal with the counterclaim than the claims process would be.

Richard D. Myers, Ch. 7 Trustee v. Jeff Christensen (In re Floors & More, Inc.), Ch. 7, BK06-81735, A07-8056 (Jan. 8, 2008)

The court declined to grant relief to the defendant under Rule 60(b) and denied its motion to set aside a default judgment. The defendant did not demonstrate excusable neglect or a meritorious defense that would warrant setting aside the judgment.

Richard D. Myers, Trustee v. JFK Constr., Inc. (In re Floors & More, Inc.), Ch. 7, BK06-81735-TJM, A07-8055-TJM (Nov. 1, 2007)

Although the defendant corporation in this collection action should have appeared through counsel to respond to the motion for summary judgment, the motion was denied because the defendant did raise factual issues regarding the amount of the debt.

Richard D. Myers, Chap. 7 Trustee v. JFK Constr., Inc. (In re Floors & More, Inc.), Ch. 7, BK06-81735-TJM, A07-8055-TJM (Mar. 14, 2008)

The court granted summary judgment to the trustee because the defendant did not prove the debtor breached their contract (the defendant didn't respond to discovery requests, so the evidence was deemed admitted). The trustee could collect the debt.

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