Bankr. L. Rep. P 67,011 in Re Joseph Robert Stone, Bankrupt. Iva E. Olson v. Joseph Robert Stone

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a movant must “sufficient[ly] elaborat[e]” facts “to permit the trial court to judge whether the defense, if movant’s version were believed, would be meritorious.”
• noting the necessity of “more than mere legal conclusions, general denials, or simple assertions” and “a sufficient elaboration of facts”
• unlike notice pleading, the rule relating to relief from default judgments contemplates more than mere legal conclusions or general denials
• “For purposes of this part of the motion, the movant’s version of the facts and circumstances supporting his defense will be deemed to be true.”
• “The parties do not litigate the truth of the claimed defense in the motion hearing.”
• motion to set aside default judgment requires a showing of a meritorious defense and a showing of excusable neglect, therefore, a defendant’s failure to prove one obviates the need to consider the other

Source: CourtListener parenthetical corpus (CC0).