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B-7055-1. DEFAULT

(a)   Application for Entry of Default

A party seeking an entry of default from the Clerk under Fed.R.Bankr.P. 7055(a) shall file an application seeking relief. The application shall be accompanied by an affidavit stating that the defendant has failed to plead or otherwise defend and that the defendant is not protected by the Servicemembers Civil Relief Act of 2003 and is not a minor or incompetent person.

(b)   Motions for Default Judgment

Notwithstanding Fed.R.Bankr.P. 7055(b)(1), a party seeking a default judgment shall present a motion to the Judge, rather than to the Clerk, and shall also tender a proposed judgment. If the claim to which no response was made is for a “sum certain,” the motion shall be accompanied by an affidavit showing the principal amount due and owing, not exceeding the amount sought in the claim, plus any interest computed by the movant, with credit for all payments received to date clearly set forth, and any costs under 28 U.S.C. §1920. The Court may conduct a hearing on the motion for default judgment.

(c)   Certificate of Service

Both the application for entry of default and motion for default judgment shall be accompanied by a Certificate of Service.