Kpodi v. Smith (In Re Smith)

MEMORANDUM DECISION AND ORDER RE APPLICATION FOR ENTRY OF DEFAULT

S. MARTIN TEEL, JR., Bankruptcy Judge.

The defendant Smith appeared through counsel at a scheduling conference and agreed to entry of an order directing that an answer or motion (meaning a motion under Rule 12 of the Federal Rules of Civil Procedure) responding to the complaint be filed by December 22, 2011. No answer or motion was filed by December 22, 2011, and the plaintiffs filed an application for entry of default. Only after that application was filed did the defendant file an answer.

Under Rule 55(a) of the Federal Rules of…