Evans v. Union Mortgage Co. (In re Evans)
Evans v. Union Mortgage Co. (In re Evans)
Opinion of the Court
ORDER
AND NOW, this 14th day of November, 1990, upon receipt of the Defendant’s timely withdrawal of its Proof of Claim and upon consideration of the Plaintiffs’ Motion to Alter or Amend Judgment and/or to Reopen the Record (“the Motion”), it is hereby ORDERED as follows:
1. The Motion is DENIED. Our prior decision, at 114 B.R. 434 (Bankr.E.D.Pa. 1990), never held without reservation (“probably”) that the Debtor was Mr. Cousin’s daughter. In that decision, we questioned her credibility and made clear that we would probably not consider any claims on the contract in issue until Cousin’s estate was administered. 114 B.R. at 437, 438. With respect to reopening the record, we note that the Debtor insisted on proceeding on October 18, 1990, and provided no testimony or evidence to bolster her credibility, which she knew was in issue. After a verdict, “new” evidence available at the time of trial should rarely be admitted. See In re Pinto, C.A. No. 89-3233 (E.D.Pa. August 18, 1989). It would also
2. Judgment is entered in favor of the Defendant, UNION MORTGAGE COMPANY, and against the Debtor-Plaintiff, LOUISE EVANS.
3. This proceeding is DISMISSED.
Reference
- Full Case Name
- In re Louise EVANS, Debtor. Louise EVANS and Edward Sparkman, Esquire v. UNION MORTGAGE COMPANY
- Status
- Published