Title JACOB FRAIDIN
Judge
James F. Schneider
Entered
Case Number
92-52338
Summary

In a complaint to avoid and recover fraudulent transfers, default judgment was entered against the debtor for his failure to respond to discovery requests. Thereafter a hearing was held on the trustee’s ex parte motion for damages and this Court awarded the trustee a judgment. The judgment was reversed by the United States Court of Appeals for the Fourth Circuit based upon the failure to afford the debtor an opportunity to produce evidence on the issue of damages. Upon remand, this Court conducted a second hearing on damages to which the debtor was invited to attend and which he did in fact attend. At the conclusion of the second hearing this court awarded the Chapter 7 trustee a judgment in the identical amount entered as a result of the earlier hearing, to wit: $1.6 million plus fees and costs.

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