Sanjesh Sharma v. Carmen Salcido

MEMORANDUM

Sanjesh Sharma appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming a bankruptcy court’s entry of default judgment against him on Carmen Salcido’s claim that the debt owed to Salci-do was nondischargeable under 11 U.S.C. § 523 (a)(2)(A) because it was obtained through fraud. We have jurisdiction pursuant to 28 U.S.C. § 158 (d) and we affirm. We review the entry of default judgment for abuse of discretion. Alan Neuman Prods., Inc. v. Albright, 862 F.2d 1388, 1391 (9th Cir.1988).

Sharma argues that the default judgment was erroneous because (1) the evidence submitted in support of Salcido’s motion for default judgment was insufficient, (2) the bankruptcy court did not consider Sharma’s opposition to the motion and his evidentiary objections, and (3) the court did not hold an evidentiary hearing.

However, the BAP properly determined that the bankruptcy court'is not required to hold a hearing or rely on a motion for default judgment or evidentiary declarations in entering a default judgment. See TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir.1987).

“In reviewing a default judgment, this court must take the well-pleaded factual…