Opinion
Case No. 05-01863, Adversary Proceeding No. 07-10028.
March 4, 2008
MEMORANDUM DECISION RE MOTION FOR DEFAULT JUDGMENT
The plaintiff seeks default judgment against the defendant. Among the relief sought by the plaintiff is an award of the $260.00 cost of reopening the case because the creditor refused to refund the amounts that the plaintiff is avoiding as a preference. That is not an allowable cost. The debtor could have brought this adversary proceeding prior to the case being closed, and ought not be allowed to place the cost from his failing to do so on the defendant.
A judgment follows granting the relief the plaintiff seeks other than an award of the $260.00 cost of reopening the case.
The Memorandum Decision below is hereby signed.