Adversary Proceedings: DEFAULT: Motion for Default Judgment

7055-1(b): Adversary Proceedings: DEFAULT: Motion for Default Judgment

LBR 7055-1(b) provides the procedure for a plaintiff to seek a default judgment against a defendant who is in default in an adversary proceeding.

LBR 9013-1(c) provides that notice of a motion for default judgment must beserved, even to parties who are in default.

LBR 9013-1(i) provides that admissible evidence is made by declaration and, when submitting documents as evidence, there must be a declaration from a person who can authenticate the documents.

In Paragraph 11 of the court's mandatory form motion for entry of default judgment, the plaintiff must assert whether the defendant is on active military duty. See below for a link that can help make this determination.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

7055-1(b)

Reference to Local Rules and/or Forms:

Plaintiff’s Motion for Default Judgment Under LBR 7055-1

Default Judgment (without prior judgment)

Default Judgment (based on prior judgment)

Rule 7003-1 through 7069-2

Rule 9001-1 through 9075-1

Reference to Common Links:

FRBP 7055 -- Entry of Default, Default Judgment