7055-1(a): Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default
LBR 7055-1(a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant.
- A request must be filed along with a supporting declaration -- the court provides a mandatory form request. See link below.
- A hearing is not required, but the plaintiff must file a Notice of Motion Without a Hearing under LBR 9013-1(p). See link below.
- The clerk reviews the request and files either a Notice that the Clerk has Entered Default, or, if there is a mistake in the request, the clerk files a Notice that the Clerk Has Not Entered Default.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
7055-1(a)
Reference to Local Rules and/or Forms:
Reference to Common Links: