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IN RE BROWN

No. 09-8007.

413 B.R. 700 (2009)

In re David D. BROWN and Jacqueline M. Brown, Debtors. J. James Rogan, Trustee, Appellant, v. Countrywide Home Loans, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: September 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Ryan R. Atkinson, Atkinson, Simms & Kermode, PLLC, Lexington, KY, for Appellant. Amanda P. Thompson, Taylor, Thompson & Brannon, PLLC, Lexington, KY, Nathan L. Swehla, Lerner, Sampson & Rothfuss, Cincinnati, OH, for Appellee. ON BRIEF: Ryan R. Atkinson, Atkinson, Simms & Kermode, PLLC, Lexington, KY, for Appellant. Amanda P. Thompson, Taylor, Thompson & Brannon, PLLC, Lexington, KY, Nathan L. Swehla, Lerner, Sampson & Rothfuss, Cincinnati, OH, for Appellee.

Before: BOSWELL, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

MARILYN SHEA-STONUM, Bankruptcy Appellate Panel Judge.

In this appeal, J. James Rogan ("Trustee") seeks reversal of the bankruptcy court's order vacating a default judgment entered against Countrywide Home Loans, Inc. ("Countrywide") pursuant to Federal Rule of Civil Procedure 60(b)(6). For the following reasons, we conclude that the bankruptcy court abused its discretion in vacating the default judgment, and reverse its order.

I. ISSUE...

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