ENTRY OF DEFAULT AND DEFAULT JUDGMENTS

(A) Clerk Not to Enter Default Judgments. Notwithstanding Bankruptcy Rule 7055, a party seeking entry of judgment by default shall present a motion to the judge, rather than the Clerk. Unless otherwise directed by a judge, the Clerk will not prepare or sign default judgments in any adversary proceeding or contested matter under Bankruptcy Rules 7055 or 9021. Such judgments shall be presented to the Court for entry.

(B) Requirements for Default Judgment. (1) Entry of Default. A default shall be entered only at the request of the party seeking relief and upon showing that the defendant was properly served and failed to appear or respond to the complaint. No motion for default judgment shall be granted unless the moving party has established that the defendant is in default.

(2) Default Judgment. A motion shall be filed and accompanied by any documents necessary to prove up the moving party’s entitlement to a default judgment. This includes exhibits or affidavits that establish the truth of the allegations in the complaint and the amount of damages. (3) Servicemembers Civil Relief Act of 2003.

If the defendant is an individual, the moving party shall file an affidavit of compliance with 50 U.S.C. §3931 before a default judgment will be entered. (C) Requests for entry of default and default judgment should be combined in a single motion. Such motion must specifically request entry of judgment in the moving party’s favor and, together with attachments, must establish the moving party’s entitlement to both entry of default and a default judgment. The party moving for default/default judgment shall serve the motion on all other parties to the proceeding and file a certificate of such service.

(D) Motions for default/default judgment will generally only be granted after notice and an opportunity for hearing. 14 RULE 7056-1 SUMMARY JUDGMENT The District Court Civil LR 7.1(D) regarding motions for summary judgment and responses and replies thereto applies in proceedings before this Court and shall be followed unless the Court orders otherwise.