Local Rule RULE 7055-1: Default and Default Judgment.

RULE 7055-1. Default and Default Judgment.

(a) By the Clerk. A judgment of default may be entered by the Clerk upon application for default judgment with affidavits and amount due, including costs and disbursements, if any, filed by the party entitled to judgment other than under 11 U.S.C. §§ 523 or 727. The affidavit shall include a statement that no defense or other response has been received, or if received, shall detail the defense or other response received. If the party in default has appeared in the proceeding, a notice of the application for default judgment shall be served pursuant to Fed. R. Civ. P. 55(b)(2), as incorporated in Fed. R. Bankr. P. 7055. The Court may order a hearing on any application for default judgment.

(b) Documents to Submit. A party that is entitled to have the Clerk enter a default judgment pursuant to Fed. R. Civ. P. 55(b)(2) as incorporated in Fed. R. Bankr. P. 7055 must submit the following:

(1) application for the Clerk's entry of default pursuant to subsection (2) below;

(2) The Clerk's entry of default, which will be completed by the clerk's office when the required information is verified;

(3) a motion for entry of default judgment by the Clerk pursuant to (4) below; and

(4) a proposed default judgment with a statement showing the following:

(A) the principal amount due, not to exceed the amount of the original demand, giving credit for any payments and showing the amounts and dates of all payments;

(B) a computation of accrued interest to the proposed date of judgment; and

(C) any costs and taxable disbursements claimed.

(c) Affidavit. An affidavit of counsel or the party seeking default judgment must be attached to the default request showing:

(1) that the party against whom judgment is sought is not an infant, an incompetent person, or in the military service;

(2) that the summons and complaint were properly served in compliance with Fed. R. Bankr. P. 7004;

(3) that the party has defaulted on its obligation to appear or respond in the action;

(4) that the amount shown by the statement is justly due and owing and that no part thereof has been paid except as stated; and

(5) that the disbursement sought to be taxed has been made in the action or will necessarily be made or incurred.

The Clerk shall then enter judgment for principal, interest, and costs.

(d) By the Court. The party applying for entry of default judgment pursuant to Fed. R. Civ. P. 55(b)(2), as incorporated in Fed. R. Bankr. P. 7055, must file the following papers:

(1) a motion for entry of default judgment;

(2) a proposed default judgment; and

(3) an itemized statement and basis regarding damages being requested.

Related Authority: Fed. R. Bankr. P. 7055 Fed. R. Civ. P. 55