dissenting:
While I agree with the discussion in parts IV A. and B., I respectfully disagree that judgment cannot be entered in favor of the defaulting party, particularly in this case.
I recognize that no authorities exist that specifically authorize the entry of a judgment in favor of the defaulting party after the bankruptcy court holds a hearing, considers evidence pursuant to Rule 55(b)(2), and determines that the plaintiff has failed to establish its right to a judgment. I believe that a bankruptcy court’s authority to enter judgment for the defaulting party is implicit in the authority to hold a hearing and consider evidence.
Where a plaintiff has had a full and fair opportunity to conduct discovery and where the evidence presented at the hearing held pursuant to Rule 55(b)(2) indicates that the plaintiff cannot sustain its burden of establishing its right to relief, a trial court has the discretion to enter a judgment in favor of the defaulting party. If this were not the case, the trial court would be forced to deny the motion for entry of a default judgment and schedule a trial, at which the court would simply consider the same evidence as was presented earlier and make the same determination — that the plaintiff has not sustained its burden of proof — before it could enter a judgment in favor of the defaulting party. To require such a convoluted proceeding where the plaintiff would otherwise receive a full and fair opportunity to conduct discovery and litigate its claim for relief, would elevate form over substance and would constitute a drain on judicial resources while contributing nothing to the substantive or procedural rights of the parties.
The situation in this appeal falls within the scope of the narrow circumstances under which a trial court may enter a judgment for the defaulting party after a hearing under Rule 55(b)(2) because Valley had a full and fair opportunity to litigate its claim for relief. The bankruptcy court indicated prior to the hearing that Valley would be required to present evidence on the merits of its claim for relief. Although Valley tried to evade this requirement by moving for a judgment on the pleadings, it did present its evidence. The bankruptcy court considered the evidence presented by Valley as well as the testimony of the debtors and found that Valley had failed to sustain its burden of proving entitlement to the relief requested by its complaint. The record amply supports the bankruptcy court’s findings that the debtors did not knowingly and fraudulently make a false oath and that the debtors satisfactorily ex*748plained any loss of assets. The bankruptcy court afforded Valley the opportunity to request additional discovery or request leave to amend its complaint before the intended decision would become final. Although the bankruptcy court invited Valley to request additional discovery or request leave to file an amended complaint, Valley chose not to do so. Given Valley’s decision, coupled with the notice to and opportunity of Valley to present evidence at the default hearing, there is no indication that the trial of this matter would lead to the consideration of additional evidence or to a different result. The bankruptcy court, therefore, acted within its discretion in entering judgment in favor of the debtors. Any failure of the bankruptcy court’s actions to comply strictly with the pertinent procedural rules is consistent with substantial justice, does not impair substantial rights of the parties and, therefore, does not justify reversing the bankruptcy court’s judgment. I would affirm.