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Bankruptcy — default judgment — relief from judgment

By: WISCONSIN LAW JOURNAL STAFF//February 28, 2013//

Bankruptcy — default judgment — relief from judgment

By: WISCONSIN LAW JOURNAL STAFF//February 28, 2013//

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United States Court of Appeals For the Seventh Circuit

Civil

Bankruptcy — default judgment — relief from judgment

Where a party offered no explanation for why it did not respond to a complaint, its motion for relief from default judgment was properly denied.

“Whenever the judiciary adopts an ‘all the facts and Circumstances’ approach, as Pioneer Investment Services did, litigants need to supply those details. Buddha, as the movant trying to upset a final judgment, had the burdens of both production and persuasion. It did not produce essential evidence and therefore could not hope to carry its burden of persuasion.”

Affirmed.

12-3239 In the Matter of Canopy Financial, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Easterbrook, J.

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