IN RE CHALASANI

No. 1189, Docket 95-5071.

92 F.3d 1300 (1996)

In re Prasad CHALASANI, Debtor. STATE BANK OF INDIA, New York Branch, Plaintiff-Appellee, v. Prasad CHALASANI, Defendant-Appellant, Allen Mendelsohn, Trustee, Society For Savings, Creditor-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 13, 1996.


Attorney(s) appearing for the Case

Kenneth Cooperstein, Centerport, New York, for Defendant-Appellant Prasad Chalasani.

Richard S. Last, New York City (Opton Handler Gottlieb Feiler & Katz, LLP, of counsel), for Plaintiff-Appellee State Bank of India.

Aaron R. Cahn, New York City (Olshan Grundman Frome & Rosenzweig, of counsel), for Creditor-Appellee Society for Savings.

Before: CARDAMONE, WALKER, and McLAUGHLIN, Circuit Judges.


CARDAMONE, Circuit Judge:

This bankruptcy appeal poses two questions. The first — when a defendant in an adversary proceeding may undo a default judgment — is readily resolvable; the second — whether another interested creditor may enter an action seeking a denial of discharge under 11 U.S.C. § 727 and prosecute that claim itself, where the plaintiff has voluntarily dismissed the complaint — requires more analysis.

We set forth...

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