Evans v. Schneer (In Re Evans)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause came before the Court upon the Debtors’ Motions for Summary Judgment and Default Judgment. The Debtors so move on the grounds that there is no genuine issue of material fact as to Defendant David Schneer, and that the Defendant-Trustee has failed to plead, defend or appear. The parties presented the issue to the Court upon the stipulation of facts. In addition, a Memorandum was filed by Debtors’ attorney. No opposition to the Motion for Summary Judgment was filed.

FACTS

The Court finds the following stipulated facts:

1. On…