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Motion For Default Judgment Under Local Bankrutcy Rule 7055-1 Form. This is a California form and can be use in USBC Central Federal.
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Tags: Motion For Default Judgment Under Local Bankrutcy Rule 7055-1, F 7055-1.2, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number
FOR COURT USE ONLY
Attorney for
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
In re:
Debtor(s).
CHAPTER:
Plaintiff(s),
CASE NO.:
ADVERSARY NO.:
vs.
(No Hearing Required)
Defendant(s).
MOTION FOR DEFAULT JUDGMENT
UNDER LOCAL BANKRUPTCY RULE 7055-1
TO THE DEFENDANT, DEFENDANT'S ATTORNEY AND OTHER INTERESTED PARTIES:
1. Name of Defendant(s) against whom default judgment is sought (Name):
2. Plaintiff filed the Complaint in the above-captioned proceeding on (specify date):
3. The Summons and Complaint were served on Defendant by
on the following date (specify date):
G
Personal Service
G
Mail Service
4. A conformed copy of the completed Return of Summons form is attached hereto.
5. The time for filing an Answer or other response expired on (specify date):
6. No Answer or other response has been filed or served by Defendant.
7. The default of Defendant:
a.
b.
G
G
Has not yet been entered, but is hereby requested
Was entered on (specify date):
8. A Status Conference:
a.
b.
G
G
Is scheduled for (specify date, time, and place):
Was held on (specify date, time, and place):
(Continued on next page)
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009
F 7055-1.2
American LegalNet, Inc.
www.FormsWorkflow.com
F 7055-1.2
Motion for Default Judgment under Local Bankruptcy Rule 7055-1 - Page 2
In re
CHAPTER:
Debtor(s).
CASE NO.:
9. As proof that Plaintiff is entitled to the relief requested in the Complaint, Plaintiff:
Relies on the Complaint and documents attached thereto.
G
Declaration of (specify):
(2)
G
Declaration of (specify):
(3)
b.
G
G
(1)
a.
G
Other (specify):
Attaches the following documents to establish a prima facie case:
10. As further support for entry of a Default Judgment, Plaintiff submits a Memorandum of Points and Authorities (Optional).
11. DECLARATION OF NON-MILITARY STATUS: No defendant named in Paragraph 1 above is in the military service so
as to be entitled to the benefits of the Servicemembers Civil Relief Act (Pub. L. 108-189) (50 U.S. Code App. §§ 501-594).
The undersigned declares under penalty of perjury that this statement of defendant's non-military status is true and correct
and is made under penalty of perjury under the laws of the United States of America based upon the undersigned's review
of said Defendant's Statement of Affairs and Statement of Income and Expenditures filed in this case and is based upon
the undersigned's lack of any information or belief that there has been any change of circumstances as to defendant's
non-military status.
12. Defaulting party is not an infant or incompetent party.
WHEREFORE, Plaintiff prays that this Court enter a Default Judgment in favor of Plaintiff. A Copy of the proposed Default
Judgment is submitted herewith and has been served.
Dated:
Respectfully submitted,
Firm Name
By:
Name:
Attorney for Plaintiff or Plaintiff
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009
F 7055-1.2
American LegalNet, Inc.
www.FormsWorkflow.com
Motion for Default Judgment under Local Bankruptcy Rule 7055-1 - Page 3
In re
F 7055-1.2
CHAPTER:
Debtor(s).
CASE NO.:
NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket.
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
A true and correct copy of the foregoing document described as
will be served or was served (a) on the judge
in chambers in the form and manner required by LBR 5005-2(d), and (b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing document will be served by the court via NEF and hyperlink to
the document. On ________________________ I checked the CM/ECF docket for this bankruptcy case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at
the email addressed indicated below:
G
Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served):
On _________________________ I served the following person(s) and/or entity(ies) at the last known address(es) in this
bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States
Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follow. Listing the judge here constitutes
a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
G
Service information continued on attached page
III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity
served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on _______________________ I served the following person(s)
and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method) by facsimile transmission
and/or email as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later
than 24 hours after the document is filed.
G
Service information continued on attached page
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
_________________________________________________________
Date
Type Name
_____________________________________
Signature
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009
F 7055-1.2
American LegalNet, Inc.
www.FormsWorkflow.com
Motion for Default Judgment under Local Bankruptcy Rule 7055-1 - Page 4
In re
F 7055-1.2
CHAPTER:
Debtor(s).
CASE NO.:
ADDITIONAL SERVICE INFORMATION (if needed):
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009
F 7055-1.2
American LegalNet, Inc.
www.FormsWorkflow.com