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CERTIFICATE OF DEFAULT

U.S. Bankruptcy Court for the Southern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of New York

Rule: 7055-1

Jurisdiction: SDNYB

Bluebook Citation: Bankr. S.D.N.Y. R. 7055-1

All Rules: Bankr. S.D.N.Y. Local Bankruptcy Rules, complete index

Text

A party applying for a certificate of default from the Clerk pursuant to Bankruptcy Rule 7055 shall submit an affidavit showing that (i) the party against whom a default is sought is not an infant, in the military, or an incompetent person, (ii) the party has failed to plead or otherwise defend the action, and (iii) the pleading to which no response has been made was properly served. Comment This rule is derived from Civil Rule 55.1 of the Local District Rules. This rule was amended in 2017 to remove the requirement for proof of service.

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