I lent money to a company owned and managed by 2 people (father and son). The Father orally guaranteed that he would repay the loan if the company could not pay. (The Son did not guarantee). The company defaulted on payment and filed for bankruptcy. I sued the father on his personal guarantee for the loan to the company. I also sued father and son for fraudulent transfer because the father transferred money to his son to buy a house after the company became insolvent.
Default has been entered against the Father. I understand once a default is entered, all allegations are taken as true - i.e., he guaranteed payment of loan. The Son is challenging the claim on the basis of statue of fraud - i.e., the oral guarantee is invalid. Can the son challenge allegations taken as true?