In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed Summers
Opinion
Opinion
Zilly, J.
Debtor Brian D. Hammer appeals pro se from the decision of the Bankruptcy Appellate Panel affirming the bankruptcy court's denial of his motion to set aside a default judgment. In re Hammer, 112 B.R. 341 (9th Cir. BAP 1990). We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.
BACKGROUND
Beginning in 1985, appellees Michael Drago and Ed Summers invested approximately $285,000 in several business enterprises under Hammer’s control. That sum was secured by what Hammer concedes were forged deeds of trust. In September 1986, Hammer filed for Chapter 7 bankruptcy. On October 23, 1986, he executed a deed of trust on his personal residence naming appellees as the beneficiaries in the amount of $400,000. Hammer was indicted for mail fraud that same month; he surrendered for incarceration on February 6, 1987.
On January 5, 1987, appellees filed an adversary complaint requesting that Hammer’s debt be declared nondischargeable on grounds of fraud, see 11 U.S.C. § 523 (a)(2)(A), and that judgment be entered against him. On January 9, 1987, they served Hammer with a summons and complaint by first class mail, at the residence address provided on his bankruptcy petition. This…