Local Form 7055-1(A ) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF OKLAHOMA IN RE: Debtor(s). Case No. ___________ Chapter ____ Plaintiff(s), vs. Adversary No. ________ Defendant(s). REQUEST FOR ENTRY OF DEFAULT BY THE CLERK Pursuant to Federal Rule of Civil Procedure 55(a), made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7055, Plaintiff __________ (the "Plaintiff") respectfully requests Entry of Default by the Clerk against Defendant __________ (the "Defendant") for failure to plead or otherwise defend in this adversary proceeding as required by law. In support of this request, the Plaintiff states as follows: 1. The Plaintiff filed the Complaint against the Defendant on ____________. A Summons was duly issued to the Defendant by the Clerk of the Bankruptcy Court on ____________. 2. As evidenced by the Return of Service filed on _____________, the Defendant was properly served with the Summons and Complaint on _____________. 3. The time for Defendant to answer or otherwise respond to the Complaint has expired. 4. The Defendant has not filed an answer or other responsive pleading. 5. The Defendant [is/is not] an infant [and/or] an incompetent person. [If applicable] 6. [Insert statement regarding compliance with the Servicemembers Civil Relief Act, 50 U.S.C.A. App. § 521, if applicable.] 7. The Affidavit of ______________ [Plaintiff's counsel] is attached hereto in support of this Request. Dated this ____ day of _______, 200___. _____________________________ American LegalNet, Inc. www.FormsWorkFlow.com Local Form 7055-1(A ) [Attorney Name], OBA # ________ [Address/Telephone/Fax/Email] ATTORNEY FOR PLAINTIFF AFFIDAVIT OF [Plaintiff's Attorney] STATE OF OKLAHOMA COUNTY OF ) ) ) ss. I, _______________, being of lawful age and having first been duly sworn upon oath, state: 1. I am an attorney of record for Plaintiff ______________ (the "Plaintiff") in the abovereferenced adversary proceeding. I am authorized to make this Affidavit and have personal knowledge of the facts stated herein. 2. The Plaintiff filed the Complaint against Defendant ______________ (the "Defendant") on ______________. A Summons was duly issued to the Defendant by the Clerk of the Bankruptcy Court on ______________. 3. As evidenced by the Return of Service filed on ____________, the Defendant was properly served with the Summons and Complaint on ____________. 4. Pursuant to Federal Rule of Bankruptcy Procedure 7012, the Defendant had ____ days to answer the Complaint. The time for the Defendant to answer or otherwise respond to the Complaint has now expired.1 The Defendant has not filed an answer or otherwise responded to the Complaint.2 5. The Defendant [is not] an infant [nor] an incompetent person.3 6. [Insert statement pursuant to the Service Members Civil Relief Act, "(A) stating whether or not the defendant is in the military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in the military service, stating that the plaintiff is unable to determine whether or not the defendant is in the military service." 50 U.S.C.A. App. § 521. See In re Templehoff, 339 B.R. 49, 2005 WL 3781936 (Bankr. S.D.N.Y. 2005).]4 FURTHER, AFFIANT SAITH NOT. ______________________________ [Plaintiff's Attorney] Subscribed and sworn to before me, the undersigned Notary Public, on this ____ day of American LegalNet, Inc. www.FormsWorkFlow.com Local Form 7055-1(A ) _______, 200___. ______________________________ Notary Public No.__________ [SEAL] My Commission Expires: ___________ ____________________ 1 Statement of whether the court fixed a deadline for serving an answer or motion, or whether the 30 (or 35) day time limit applies. Statement that no answer or motion has been received within the time limit fixed by the court or by Fed. R. Bankr. P. 7012(a). 2 3 Statement that the party against whom default is requested is not an infant or incompetent person, as required by Fed. R. Civ. P. 55(b)(1), is applicable only when the Defendant is a natural person. Statement pursuant to the Servicemembers Civil Relief Act is applicable only when the Defendant is a natural person. 4 American LegalNet, Inc. www.FormsWorkFlow.com