Local Rule RULE 7055-1: DEFAULT JUDGMENT

RULE 7055-1 DEFAULT JUDGMENT Fed. R. Civ. P. 55 applies in adversary proceedings. See Fed. R. Bankr. P. 7055.

A. Application for Entry of Default. A party seeking an entry of default from the Clerk pursuant to Fed. R. Bankr. P. 7055 or Fed. R. Civ. P. 55(a) must file an application seeking such relief. Such application must be accompanied by an affidavit stating (1) the date on which the Complaint was filed; (2) the date on which service was effected upon the defendant(s); (3) the method of service; (4) the deadline for response to the Complaint; (5) the lack of a timely response; and (6) the defendant(s) is not a minor, is competent and is not on active military service and thus protected by the Servicemembers Civil Relief Act of 2003.

B. Certificate of Default. Clerk of Court will enter a certificate of default.

C. Motion for Default Judgment. Notwithstanding Fed. R. Bankr. P. 7055 or Fed. R. Civ. P. 55(b)(1), after entry of the certificate of default by the Clerk, a party seeking a default judgment shall present a motion complying with Local Rule 9013-1 with a fourteen (14) day notice of opportunity for hearing to the Judge, rather than the Clerk, which shall have attached as an exhibit the proposed 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 payments received to date clearly set forth, and costs, if any, including any costs 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. The motion shall include in the title "and Notice of Opportunity for Hearing," and immediately below the title shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected. You should read this Document carefully and consult your attorney about your rights and the effect of this Document. If you do not want the Court to grant the motion, or you wish to have your views considered, you must file a written response to the motion with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the motion. You should also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate or affidavit of service with the Court.

[Note – this is a flat fourteen (14) days regardless of the manner of service.]

D. Certificate or Affidavit of Service. Both the application for entry of default and motion for default judgment must be accompanied by a certificate or affidavit of service that complies with Local Rule 9007-1.D.