Rev. 04/25/19

MOTION FOR DEFAULT JUDGMENT IN ADVERSARY PROCEEDINGS

Overview:  PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS

Before seeking default judgment in an adversary proceeding, the plaintiff's attorney should make certain that he or she has: (1) properly and timely served the defendant; and (2) filed an accurate certificate of service. Once the time to answer has expired, he or she may seek entry of default pursuant to Fed. R. Bankr. P. 7055 (Fed. R. Civ. P. 55(a)).

After the Clerk has entered default, Plaintiff’s attorney may then apply for entry of default judgment pursuant to Fed. R. Bankr. P. 7055 (Fed. R. Civ. P. 55(b)(2)) using the procedures described below.

I.  When the underlying action is a core matter:

In order to obtain a default judgment, the attorney for the plaintiff is to file: (1) an Application for Entry of Default Judgment addressed to the clerk of court; (2) appropriate motion/application to the Court for Judgment by Default (which should indicate whether the party against whom default is sought is an infant or incompetent); and (3) an Affidavit of Military/Nonmilitary Service.  Sample form for the Affidavit of Military/Nonmilitary Service is available on the Court’s website.

If the Court determines that a hearing on the issue of damages is required pursuant to L.B.R. 7055-2, the parties will be so notified.
 

II. When the underlying action is a noncore matter:

Parties must follow the procedures set forth in section I above. The Bankruptcy Judge to whom the matter had been assigned may execute a recommendation that default judgment be entered, but final judgment—even default judgment—must be entered by and in the district court.

For order format, please see Proposed Orders

Codes, Rules and Forms:
 

CM/ECF Event(s):

Motions/Applications, Default Judgment