Bankr. N.D. Fla. Loc. R. 7055-1 — Default: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(A) When a party fails to respond after being timely served with a summons and complaint, cross-complaint, or third-party complaint, the party that filed the complaint shall seek entry of a Clerk’s default and default final judgment. A party seeking entry of a Clerk’s default shall file a motion that states: (1) Upon whom, how, and when service was made, with reference to the applicable Bankruptcy Rule; (2) The date on which a responsive pleading was due; (3) That no extension of time was sought or obtained by the adverse party; and (4) That the movant seeks an entry of a Clerk’s default. (B) The party seeking a judgment by default shall: (1) File a verified motion or a motion with a sworn affidavit attached, requesting entry of a default final judgment and containing facts in support of the allegations set forth in the complaint, cross-complaint, or third-party complaint; (2) File an affidavit of non-military service (where applicable); and (3) Submit a proposed order granting the motion for entry of default final judgment; and a proposed final judgment.
(A) When a party fails to respond after being timely served with a summons and complaint, cross-complaint, or third-party complaint, the party that filed the complaint shall seek entry of a Clerk’s default and default final judgment. A party seeking entry of a Clerk’s default sha