Request for Entry of Default

REQUEST FOR ENTRY OF DEFAULT

Overview:

If a defendant serves neither an answer nor one of the motions described in Fed. R. Bankr. P. 7012(b) within the time fixed by Fed. R. Bankr. P. 7012(a), the defendant is said to be in default. A defendant may also be in default if an answer or motion is served, but the defendant fails to appear at a court hearing.

The entry of default by the clerk precedes the issuance of a default judgment. Default is essentially a notation on the docket that the defendant has failed to plead or defend in a case as required by law. An entry of default is required before a clerk can sign and enter a default judgment, and it is suggested that an entry of default also be made before a judge signs a default judgment. Form B 260, and its related instructions, may be used for the entry of default in bankruptcy cases.

The clerk shall enter a default “[w]hen a party against whom a judgment for a form of relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise . . ..” Fed. R. Civ. P. 55(a).

 

Codes, Rules and Forms:

Bankruptcy Code:

None

Bankruptcy Rule:

7012(a) & 7012(b)

Civil Procedure:

55(a)

Official Form:

B 260 & B 261A

 

CM/ECF Event(s):

            Miscellaneous, Request for Entry of Default