In Re Sherrie Nicole Lockhart Johnson
Opinion
Trial Court Opinion
I. Introduction
Appellant Sharlene Willard (“Willard”) appeals from the bankruptcy court’s order denying her motion for new trial or reconsideration of the judgment entered against her. For the following reasons, the bankruptcy court’s order denying the motion for new trial is VACATED and the case is REMANDED for further proceedings consistent with this order.
IL. Factual and Procedural Background Appellee Sherrie Nicole Lockhart Johnson (“Debtor”) commenced the underlying Chapter 7 case by filing a voluntary petition on January 29, 2020. Bankruptcy Court’s Findings of Fact and Law, ECF No. 17, Appendix 8 (“Bkr. Findings”), at 2. Willard initiated the adversary proceeding at issue (the Action”) against Debtor on March 26, 2020, and filed an amended complaint adding Debtor’s nondebtor spouse, Steve Todd Johnson (“Johnson,” collectively with Debtor, “Appellees’’), as a defendant, on December 28, 2021. Jd. No attorney ever appeared in the Action on behalf of either party. Id.