Opinion
NOT FOR PUBLICATION
ORDER ON COURT'S OSC
Peter W. Bowie, Chief Judge, United States Bankruptcy Court
This adversary was filed on September 4, 2007. The debtor's default was taken on November 26, 2 007, but no default judgment was sought. Thereafter, counsel for the corporate creditor withdrew from representation on February 5, 2008.
When nothing happened thereafter, on May 14 the Court issued its OSC re: dismissal on two grounds: 1) failure of the corporate creditor to appear and be represented by counsel; and 2) failure to submit a default judgment. The OSC was set for hearing on June 23.
No pleadings were filed in opposition to the OSC. Instead, attorney Mark Siegel submitted a letter by fax on the last business day before the hearing to the Court, in which he advised he had been retained, but was not a member of the bar in this district. He requested the OSC be taken off calendar and that he be given 45 days to file a motion for default judgment.
The Court declined to remove the OSC from the calendar because there still was no substitution of attorneys on file. Instead, the Court continued the hearing to July 21. On the Friday before the Monday hearing, attorney Siegel sent another letter by fax. Finally, a substitution of attorneys was filed, so that prong of the OSC has been resolved. Mr. Siegel asked in the letter for another 45 days to file "the appropriate motion."
Given the amount of delay that has already taken place, and its impact on the debtor's "fresh start", the Court directs that any application for default judgment in this matter must be filed and served on or before September 2, 2008. If it is not, this adversary proceeding will be dismissed by the Court on the OSC, and without further notice or opportunity for hearing on part of the plaintiff creditor, Golden Eagle Enterprises, Inc.
IT IS SO ORDERED.