Local Rule 7055: Default Judgment

L.R. 7055 – Default Judgment. A. Clerk's Entry of Default. A plaintiff seeking the Clerk of Court's entry of default shall follow the procedures set forth in Rule 7055 of the Federal Rules of Bankruptcy Procedure. To obtain the Clerk of Court's entry of default, the Court requires the filing of the following:

1. Request for Clerk of Court's entry of default; and 2. Verified Affidavit* supporting entitlement to entry of default.

*The affidavit shall contain:

a. The complete caption setting forth the name of the Court, the name of the parties, and bankruptcy and adversary case numbers;

b. Date of issuance of summons;

c. Statement of whether the Court fixed a deadline for filing an answer or motion, or whether the 30 or 35 day limit applies;

d. Date of service of the complaint;

e. Date of filing of affidavit or return of service;

f. Statement that no answer or motion has been received within the time limit fixed by the Court or by Rule 7012(a) of the Federal Rules of Bankruptcy Procedure;

g. Statement that the defendant is not in the military service (as required by the Soldier's & Sailor's Civil Relief Act, 50 U.S.C. App. § 521); and h. Statement that the defendant is not a minor or an incompetent person as required by Rule 55(b)(1) of the Federal Rules of Civil Procedure.

If the plaintiff is entitled to entry of default, the Clerk's Office will complete the entry of default and serve a copy of the entry of default to the plaintiff.

B. Motion for Default Judgment. The movant shall file a separate motion for default judgment, and shall serve the motion on the party against whom the default judgment is requested by mail at the last known address.

C. Determining Amount of Judgment. If the claim to which no response was made is for a "sum certain," then the motion shall be accompanied by an affidavit showing the principal amount due and owing, not exceeding the amount sought in the claim, plus interest, if any, computed by the movant, with credit for all payments received to date clearly set forth, and costs, if any, pursuant to 28 U.S.C. § 1920. If the amount of the claim is not readily ascertainable or if the amount requested in the motion exceeds the amount stated in the claim, the Court may conduct a hearing on the motion for default judgment.