DEFAULT - FAILURE TO PROSECUTE

If, upon the expiration of ninety days (90) after the filing of the last pleading, it appears to the Clerk that no significant activity has since occurred on the docket in an adversary proceeding in which there is no scheduled hearing or trial and there are no pending deadlines for discovery or dispositive motions, the Clerk may send written notice to all parties to the adversary proceeding that the proceeding or matter will be denied or dismissed without prejudice unless, within thirty (30) days after the date of the notice, the plaintiff or movant presents good and sufficient cause in writing why the dismissal or denial should not be ordered. If there is no adequate response to the Clerk’s notice by the deadline set forth therein, the Court may enter an order of dismissal or denial. [Rule 7055-2 is on next page] Ver. 25.01 (December 1, 2025) 61 RULE 7055-2 REQUEST OR MOTION FOR DEFAULT JUDGMENT AGAINST A PARTY NOT REPRESENTED BY AN ATTORNEY Any request or motion seeking a default judgment in an adversary proceeding pursuant to Federal Bankruptcy Rule 7055(b) in which the non-moving party is not represented by an attorney must include as a cover sheet a separate notice to the non-moving party in substantially the following form: NOTICE Your rights may be affected. You should read these papers carefully and may wish to discuss them with an attorney.

A motion for default judgment is a request for judgment on one or more of the claims contained in the complaint filed in this case. A motion for default judgment is governed by Rule 55 of the Federal Rules of Civil Procedure. Because you have failed to file an answer or other pleading in this case, the Court may enter judgment against you without trial. If you want to oppose the motion for default judgment, you must file with the Court and serve on the other party a written response opposing the motion and stating the reasons for your opposition.

Your opposition must be filed and served within fourteen (14) days after the service date of the motion, plus three (3) additional days if the motion was served on you by mail, unless otherwise ordered by the Court. If you file a written response, the Court may hold a hearing at a location and time set forth in a notice from the Clerk of Court. If you fail to file a timely written response to the motion, the Court may grant the motion, in whole or in part, with or without holding a hearing. This will result in the termination of the proceeding, or some part of the proceeding, in favor of the moving party, and the entry of a judgment against you. [Rule 7056-1 is on next page] Ver.

25.01 (December 1, 2025) 62 RULE 7056-1 MOTION FOR SUMMARY JUDGMENT AGAINST A PARTY NOT REPRESENTED BY AN ATTORNEY A motion seeking summary judgment in which the non-moving party is not represented by an attorney must attach to such motion as a cover sheet a separate notice in substantially the following form: NOTICE Your rights may be affected. You should read these papers carefully and may wish to discuss them with an attorney. A motion for summary judgment is a request that one or more issues in a case be decided without holding a trial. A motion for summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure.

Summary judgment may be granted if the Court determines that (a) the material facts are not genuinely disputed and (b) based on those facts, the party asking for summary judgment is entitled to judgment as a matter of law. If you want to oppose the motion for summary judgment, you must file with the Court and serve on the other party a written response opposing the motion and stating the reasons for your opposition. Your opposition must be filed and served within fourteen (14) days after the service date of the motion, plus three (3) additional days if the motion was served on you by mail, unless otherwise ordered by the Court. If you file a written response, the Court may hold a hearing at a location and time set forth in a notice from the Clerk of Court.

If you disagree with any of the facts stated by the other party, you must include with your response sworn statements from yourself or other knowledgeable witnesses supporting your version of the facts. A sworn statement may take the form either of an affidavit or a declaration signed under penalty of perjury. Any documents you want the Court to consider should be identified in, and attached to, the sworn statements. If you are unable to obtain sworn statements supporting your position, you must file a sworn statement stating why you are unable to obtain such statements at this time.

If you fail to file a timely written response to the motion, the Court may grant the motion, in whole or in part, with or without holding a hearing. This may result in the termination of the matter, or some part of the proceeding, in favor of the moving party, and the entry of a judgment against you. Ver. 25.01 (December 1, 2025) 63 PART VIII