IN RE OLDCO M CORP.

Bankruptcy No. 09-13412 (MG). Adversary No. 11-01939 (MG).

484 B.R. 598 (2012)

In re OLDCO M CORPORATION, (f/k/a Metaldyne Corporation), et al., Debtor. Executive Sounding Board Associates Inc., as Trustee for the Oldco M Distribution Trust, Plaintiff, v. Advanced Machine & Engineering Co., Defendant.

United States Bankruptcy Court, S.D. New York.

December 20, 2012.


Attorney(s) appearing for the Case

Duane Morris LLP, By: Lawrence J. Kotler, Esq. , Philadelphia, PA, Counsel for Movant, Executive Sounding Board Associates Inc., as Trustee for the Oldco M Distribution Trust.


MEMORANDUM OPINION AND ORDER

GRANTING TRUSTEE'S MOTION FOR DEFAULT JUDGMENT

MARTIN GLENN, Bankruptcy Judge.

This case raises the narrow but important and recurring issue whether a bankruptcy court may enter a final default judgment in an adversary proceeding in which the sole defendant failed to respond to the summons and complaint. The Court concludes that it may order entry of a final default judgment because the properly served defendant...

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