The following excerpt is from Hill, In re, 995 F.2d 231 (9th Cir. 1993):
A district court may deny a motion to vacate a default judgment if "(1) the plaintiff would be prejudiced if the judgment is set aside, (2) defendant has no meritorious defense, or (3) the defendant's culpable conduct led to the default." Hammer v. Drago (In Re Hammer), 940 F.2d 524, 525-26 (9th Cir.1991). If a party receives actual or constructive notice of the filing of the action but fails to answer the complaint when process is properly served, then that party's conduct is culpable. Id. at 526. Service by first class mail to the address given by the debtor after the initiation of a bankruptcy proceeding is proper under Bankruptcy Rule 7004. See id. at 526.
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