Local Rule RULE 7055–1: Default; Default Judgment

RULE 7055–1 Default; Default Judgment

(a) Entry of Default. To have the Clerk enter a default in an adversary proceeding or a contested matter pursuant to Federal Rule of Civil Procedure, as incorporated by Bankruptcy Rule 7055 and Bankruptcy Rule 9014, the party seeking default shall file with the Clerk a motion setting forth (1) the name of the party against whom default is sought and (2) a statement that no answer or motion has been filed within the time limit fixed by Bankruptcy Rule 7012(a) or the Court.

(b) Requirements for Default Motion. In addition to the requirements of Bankruptcy Rule 7055(b), all motions for default judgment shall recite whether the opponent has appeared, either informally or formally, and/or is a minor or incompetent person, and shall, in the case of an individual, be accompanied by a non-conclusory affidavit complying with the Service Member's Civil Relief Act of 2003, 50 U.S.C. § 3931.

(c) Notice and Hearing. A motion for default judgment may be filed ex parte unless the party against whom the default judgment is sought has appeared personally or by a representative. If a party has appeared personally or by a representative, or upon the option of the moving party, a motion for default judgment shall be served at least seven (7) days prior to the hearing; include or be accompanied by a conspicuous notice of the motion, objection deadline, hearing; and comply with Local Bankruptcy Rule 9013–1(c).

(d) Motions to Vacate Default. Upon the granting of a motion to vacate an entry of default, or a judgment by default, or both, the movant shall have fourteen (14) days within which to answer or otherwise respond to the complaint.