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IN RE SILVA

No. 98-35956.

185 F.3d 992 (1999)

In re David SILVA and Sharon Selmasska, C. Barry Zimmerman, Plaintiff-Appellee, and John H. Krommenhoek, Trustee-Appellee, v. First Union National Bank, formerly known as First Fidelity Bank, N.A., formerly known as First Fidelity Bank, N.A., New Jersey, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Sheila R. Schwager, Hawley Troxell Ennis & Hawley, Boise, Idaho, for defendant-appellant.

Barry E. Peters, Eagle, Idaho, for plaintiff-appellee.

Before: GOODWIN, REAVLEY and McKEOWN, Circuit Judges.

GOODWIN, Circuit Judge:

First Union National Bank ("First Union"), successor in interest to defendant First Fidelity, N.A., New Jersey ("First Fidelity"), appeals the district court's order affirming the order of the bankruptcy court, which denied First Union's motion to set aside a default judgment entered in favor of the Chapter 7 Trustee ("Trustee") and against First Fidelity. First Union contends that the default judgment is void because the bankruptcy court lacked...

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