In re Gott

MEMORANDUM OF DECISION

The above-entitled motion was brought regularly before this court by Claimant Piper Acceptance Corporation (hereinafter “PAC”) and was taken under submission by this court following oral arguments. Alleging that George T. Gott, Jr. (hereinafter “Debtor”) failed to properly notify it of the referenced objection to the claim, the opportunity for a hearing therefor, and the subsequent order sustaining the Debtor’s objection, PAC moves this court to reconsider its August 15, 1989 order denying PAC’s $154,030.30 unsecured claim and to overrule Debtor’s objections thereto.

Generally, a court may properly deny a Rule 60(b) motion where (1) the party not in default will be prejudiced if the motion to vacate the default is granted, (2) the defaulting party’s conduct led to the default, or (3) the party in default has no meritorious defense. (Direct Mail Spec. v. Eclat Computerized Tech., 840 F.2d 685, 690 (9th Cir.1988), citing Pena v. Seguros la Comercial, S.A., 770 F.2d 811,815 (9th Cir.1985) and Falk v. Allen, 739 F.2d 461, 463 (9th Cir.1984)).

In this particular case, Debtor does not contend that he would be significantly prejudiced by the vacation of the…