Default

 

 

MOTION FOR DEFAULT

 Overview:

The plaintiff must file, and serve on the defendant, a motion for default judgment within 45 days after the answer date has passed with no response from the defendant.  A judgment by default against the defendant may be entered seven (7) days after the motion has been served on the defendant (LBR 7055-1).

Lack of Prosecution – An adversary complaint may be dismissed if neither a response nor a motion for default judgment has been filed within 45 days after the response date to the complaint (LBR 7055-1).  A 30 day notice will be given by the clerk to each party whose claim is to be dismissed and to the counsel of record, if any.

The filing should be accompanied by the Motion, Certificate of Service and Proposed Order.
 
For order format, please see Proposed Orders

 

Codes, Rules and Forms:

Bankruptcy Code:
None
Bankruptcy Rule:
FRCP:
Local Rule:
Local Form:
None

 

CM/ECF Event(s):

Motions/Applications/Contested Matters, Default Judgment