Ivey v. Graham (In Re Johnson)

MEMORANDUM OPINION DENYING MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT

THOMAS W. WALDREP, JR., Bankruptcy Judge.

THIS MATTER came on before the Court on December 8, 2005 upon the motion by Marilyn and Walter Graham to set aside the entry of default. Appearing before the Court was Gerald S. Schafer, attorney for the Defendants, and J. Marshall Shelton, attorney for Charles M. Ivey, III, who is the duly-appointed chapter 7 trustee in this case (the “Trustee”). For the reasons stated herein, the Court will deny the Defendants’ motion to set aside the entry of default.

JURISDICTION

The…