Revised 1/2005 Suggested Form D106 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK In Re: Debtor(s). ORDER TO TRANSMIT RECORD TO DISTRICT COURT COMBINED WITH FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION REGARDING PLAINTIFF’S REQUEST FOR ENTRY OF JUDGMENT BY DEFAULT (Non-Core Proceeding) BK Case No. ____________ Plaintiff (s), vs. AP Case No. ____________ Defendant (s). The Clerk of Court is directed to transmit this Adversary Proceeding to the District Court for consideration of the following, pursuant to P.L. 98-353 (The Bankruptcy Amendments and Federal Judgeship Act of 1984). TO THE DISTRICT COURT: Having examined the record in this Adversary Proceeding and having found it to be a NonCore Proceeding, the Bankruptcy Court is without authority to enter a final or dispositive Order or Judgment. (See, 28 U.S.C. § 157(c)). Plaintiff has requested entry of Judgment by Default against Defendant,_____________________________________________(“Defendant”). This Court has determined that: No hearing was necessary. A hearing was necessary, which hearing was held on _____________________ at ___________________________________, on notice to ____________________ ________________________________________________at which hearing there appeared ______________________________________________________ who was heard. American LegalNet, Inc. www.FormsWorkflow.com FINDINGS This Court now finds that the Complaint was filed by the Plaintiff on _______________; that an Affidavit of Service was filed attesting to service of the Summons and a copy of the Complaint upon the Defendant on ______________________; that the Defendant failed to plead or otherwise defend within the time prescribed by law and rule; that the Plaintiff has duly and timely requested entry of Judgment by Default by application or affidavit filed with this Court on ________________ and that the Clerk of Court has certified and entered the Fact of Default on __________________ pursuant to Rule 7055(a) of the Federal Rules of Bankruptcy Procedure. CONCLUSIONS The Plaintiff is entitled under applicable law to entry of Judgment by Default. RECOMMENDATION WHEREFORE, it is hereby recommended that the District Court award Judgment by Default to the Plaintiff and against Defendant in the total amount of $___________ (plus the allowed per diem amount of $__________ from the application for default), which amount is fully itemized in the attached “Affidavit of Amount Due (Non-Core Proceeding)” (Suggested Form D105) duly sworn to by Plaintiff’s attorney or Plaintiff pro se and dated _________________________. Date:_________________ _________________________________ United States Bankruptcy Judge American LegalNet, Inc. www.FormsWorkflow.com