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RULE 7055-1. DEFAULT

Chapter: 
PART VII. ADVERSARY PROCEEDINGS

A.      While Fed. R. Bankr. P. 7055(a) provides for a Clerk’s Entry of Default, the Court has determined that the Clerk’s Entry of Default is unnecessary.  A party seeking entry of a judgment by default under Fed. R. Bankr. P. 7055(b) shall present a motion to the Court, rather than to the Clerk.

B.      To obtain entry of a default judgment under Fed. R. Bankr. P. 7055(b), the party requesting the judgment shall submit the following materials:

1.      A Motion for Entry of Default Judgment.

2.      An affidavit stating that the party against whom the default judgment is requested: (a) has failed to plead or otherwise defend in this matter; (b) is not an infant or incompetent person as set out in Fed. R. Bankr. P. 7055(b)(2); and (c) has provided a statement that the defendant is not in the military service.  (Counsel preparing the affidavit are referred to the Servicemembers Civil Relief Act, 50 App. U.S.C.A. § 521.)

3.      If judgment is sought for a sum certain, the affidavit should set forth that amount, including the exact computation of interest and costs.

4.      A proposed judgment for the Court’s consideration submitted pursuant to Neb. R. Bankr. P. 9072-1.

C.      An Entry of Default Judgment by the Court supersedes the need for a separate Clerk’s Entry of Default.