Cambareri v. NCO Portfolio

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MICHAEL CAMBARERI,
Debtor.
____________________________
MICHAEL CAMBARERI,
Plaintiff,
v.
NCO PORTFOLIO,
Defendant.
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Case No. 05-01863
(Chapter 7)
Adversary Proceeding No.
07-10028
Not for Publication in
West’s Bankruptcy Reporter
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.
The Memorandum Decision below is hereby signed.
Dated: March 4, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-10028 Doc 9 Filed 03/05/08 Entered 03/05/08 08:41:07 Desc Main
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2	O:\Judge Temp Docs\Cambareri v. NCO Portfolio - Mem Decsn MFDefault Jdgt.wpd
A judgment follows granting the relief the plaintiff seeks
other than an award of the $260.00 cost of reopening the case.
[Signed and dated above.]
Copies to: All counsel of record; Defendant.
Case 07-10028 Doc 9 Filed 03/05/08 Entered 03/05/08 08:41:07 Desc Main
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