blog home Recent Cases Janura et. al. v. Saridakis (In re Saridakis), __BR__

Janura et. al. v. Saridakis (In re Saridakis), __BR__

By Los Angeles Bankruptcy Attorney on December 11, 2013

Janura et. al. v. Saridakis (In re Saridakis), __BR__, 2013 WL 6488276, 9th Cir.BAP (Cal.), 12/10/13): The U.S. Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") held that post-trial discovery of a default judgment, that apparently was entered in a state court action contemporaneously with, or immediately following, a trial in the bankruptcy court was not newly discovered evidence "of such magnitude that production of it earlier would likely have changed the outcome of the case." What to learn from this decision: Whatever evidence you have, present that evidence before the Court rules for the first time, because its very hard to get reconsideration of an already issued decision, based on "newly discovered evidence", or on any other ground.

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