Consolidation of Adversary Proceedings - Separate Trials.

U.S. Bankruptcy Court for the Northern District of Texas

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Texas

Rule: 7042-1

Jurisdiction: NDTXB

Bluebook Citation: Bankr. N.D. Tex. R. 7042-1

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


Text

Motions to consolidate adversary proceedings, and all briefs and other papers concerning consolidation, shall be served on an attorney for each party in each case sought to be consolidated. After consolidation, all pleadings, motions, or other papers shall only bear the caption of the first case filed. All post-consolidation filings shall also bear the legend “(Consolidated with [giving the docket numbers of all the other cases]).” 40 L.B.R. 7055-1 Default Judgment. (a) Failure to Obtain Default Judgment.

If a defendant has been in default for 90 days, the Presiding Judge may require the plaintiff to move for entry of a default and a default judgment. If the plaintiff fails to do so within the prescribed time, the Presiding Judge may dismiss the proceeding, without prejudice, as to that defendant. (b) Request for Entry of Default by Bankruptcy Clerk. Before the Bankruptcy Clerk is required to enter a default, the party requesting such entry shall file with the Bankruptcy Clerk a written request for entry of default, submit a proposed form of entry of default, and file any other materials required by Fed. R. Civ. P. 55(a).

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.