Moyer v. Koloseik (In Re Sutton)

OPINION RE: TRUSTEE’S SEPTEMBER 2, 2011 MOTION-DEFAULT JUDGMENT

JEFFREY R. HUGHES, Bankruptcy Judge.

Jeff Moyer (“Trustee”) has asked that a default judgment be entered against Mark Koloseik, the defendant in this adversary proceeding. The question is whether this court has the constitutional authority to do so.

BACKGROUND

Trustee has sued many persons to recover amounts due on open account. 1 Ko-loseik is among those defendants who did not file an answer. 2 Accordingly, Trustee asked that a default judgment enter in the amount of $1,850.59. The court in turn scheduled a hearing to give Koloseik…