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Local Bankr. R. 7055-1 Default and Default Judgment.
- Request for Entry of Default by Bankruptcy Clerk.
Before the Clerk is required to enter a default, the party requesting such entry shall file with the Court a written request for entry of default, submit a proposed form of entry of default, and file any other materials required by FRCP 55(a).
- Compliance with Service Members Civil Relief Act (50 U.S.C. § 3931).
The plaintiff shall file an affidavit in compliance with 50 U.S.C. § 3931 with any motion for default judgment against an individual.
- Order Scheduling Hearing on Default Judgment; Failure to Obtain Default Judgment.
A hearing on a Motion for Default Judgment may be scheduled by the Court. See Appendix M. If a defendant has been in default for ninety (90) days or more, the Court may require the plaintiff to move for entry of a default judgment. If the plaintiff fails to do so within the prescribed time, the Court may dismiss the proceeding, without prejudice, as to that defendant.