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IN RE McCLEARN

Bankruptcy No. 04 17344. Adversary No. 06-205.

372 B.R. 471 (2007)

In re Donna M. McCLEARN, Debtor. Claire Ann Resop, Trustee, Plaintiff, v. DFZ Enterprises, Inc., Defendant.

United States Bankruptcy Court, W.D. Wisconsin.

May 15, 2007.

Attorney(s) appearing for the Case

Jessica Zerbst, William A. Abbott, Bell, Gierhart & Moore SC, Madison, WI, for Debtor and Defendant.

Claire Ann Resop, Brennan, Steil & Basting, S.C., Madison, WI, pro se.

Thomas P. Walz, Office of the U.S. Trustee, Madison, WI, for U.S. Trustee.

Kraig A. Byron, Madison, WI, for trustee, Plaintiff.

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

Donna McClearn filed a voluntary chapter 7 petition on October 14, 2004. The chapter 7 trustee brought this adversary proceeding under § 544 to avoid Donna's mortgage to DFZ Enterprises. DFZ did not respond to the complaint or summons, and the Court entered a default judgment in favor of the trustee on December 20, 2006. DFZ has moved to reopen the case and set aside the default judgment.

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