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B-7055-1. DEFAULT

(a)   Application for Entry of Default

A party seeking an entry of default from the Clerk pursuant to Fed.R.Bankr.P. 7055(a) must file an application seeking such relief. Such application must be accompanied by an affidavit indicating that the defendant(s) has failed to plead or otherwise defend and that the defendant(s) 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,” then 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 pursuant to 28 U.S.C. §1920. If the amount of the claim is not readily ascertainable or if the amount requested in the motion exceeds the amount stated in the claim, 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 must be accompanied by a certificate of service that complies with S.D.Ind. B-9013-2.