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Rule 7055-1. Default Judgment

Part VII. Adversary Proceedings

            A.         Motion. To obtain a default judgment under Fed. R. Bankr. P. 7055(b), the party requesting the judgment must file a motion for default judgment and proposed order. A clerk’s entry of default, under Fed. R. Bankr. P. 7055(a) will not be entered in any case. An entry of default judgment by the court supersedes the clerk’s entry of default.

            B.         Affidavit. The movant must file an affidavit with the motion stating the party against whom the judgment is requested: (a) did not plead or defend the matter; (b) is not an infant or incompetent person under Fed. R. Bankr. P. 7055(b)(2); and (c) is not in the military service of the United States (see Servicemembers Civil Relief Act, 50 App. U.S.C.A. § 521). If judgment is sought for a sum certain, the movant must file an affidavit stating the amount due, including the exact computation of interest and costs.