Request For Entry Of Default By The Clerk {7055-1A}

FORM 7055-1A () UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF OKLAHOMAIN RE:,Debtor.,Plaintiff,v.,Defendant.Case No. Chapter Adv. No. [FORM] REQUEST FOR ENTRY OF DEFAULT BY THE CLERKPursuant to Federal Rule of Civil Procedure 55(a), made applicable to adversary proceedingsby Federal Rule of Bankruptcy Procedure 7055, Plaintiff (the 223Plaintiff224) respectfullyrequests Entry of Default by the Clerk against Defendant (the 223Defendant224) for failureto plead or otherwise defend in this adversary proceeding as required by law. In support of thisrequest, the Plaintiff states as follows:1.The Plaintiff filed the Complaint against the Defendant on . A Summonswas 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 wasproperly served with the Summons and Complaint on . 3.[If the Defendant is also the debtor and represented by counsel in the underlying bankruptcy case] As evidence by the Return of Service filed on , , theattorney of record for the Defendant in the underlying bankruptcy case, was properly served with a American LegalNet, Inc. www.FormsWorkFlow.com FORM 7055-1A ()copy of the Summons and Complaint on .4.The time for Defendant to answer or otherwise respond to the Complaint expired on. 5.The Defendant has not filed an answer or other responsive pleading.6.The Defendant [is/is not] a minor [and/or] an incompetent person. [If applicable]7.[Insert statement regarding compliance with the Servicemembers Civil Relief Act, 50U.S.C.A. App. 247 521, if applicable.]8.The Affidavit of [Plaintiff222s counsel] is attached hereto in support ofthis Request. Dated 2 American LegalNet, Inc. www.FormsWorkFlow.com FORM 7055-1A () UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF OKLAHOMAIN RE:,Debtor.,Plaintiff,v.,Defendant.Case No. Chapter Adv. No. [SAMPLE] AFFIDAVIT OF [Plaintiff222s Attorney]STATE OF OKLAHOMA))ss.COUNTY OF TULSA)I, , being of lawful age and having first been duly sworn upon oath, state:1.I am an attorney of record for Plaintiff (the 223Plaintiff224) in the above-referenced adversary proceeding. I am authorized to make this Affidavit and have personalknowledge of the facts stated herein.2.The Plaintiff filed the Complaint against Defendant (the 223Defendant224)on . A Summons was duly issued to the Defendant by the Clerk of the BankruptcyCourt on .3.As evidenced by the Return of Service filed on , the Defendant wasproperly served with the Summons and Complaint on .4.As evidence by the Return of Service filed on , , the attorneyof record for the Defendant in the underlying bankruptcy case, was properly served with a copy ofthe Summons and Complaint on .1 If the Defendant is also the debtor and represented by counsel in the underlying bankruptcy1case, service on the debtor222s attorney is required by Fed. R. Bankr. P. 7004(g) and Bankr. N.D. Okla. American LegalNet, Inc. www.FormsWorkFlow.com FORM 7055-1A () 5.Pursuant to Federal Rule of Bankruptcy Procedure 7012, the Defendant had days toanswer the Complaint. The time for the Defendant to answer or otherwise respond to the Complainthas now expired. The Defendant has not filed an answer or otherwise responded to the Complaint.236.The Defendant [is not] a minor [nor] an incompetent person.47.[Insert statement pursuant to the Servicemembers Civil Relief Act, 223(A) stating whetheror not the defendant is in the military service and showing necessary facts to support theaffidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in the militaryservice, stating that the plaintiff is unable to determine whether or not the defendant is in the militaryservice.224 50 U.S.C.A. App. 247 521. See In re Templehoff, 339 B.R. 49, 2005 WL 3781936 (Bankr.S.D.N.Y. 2005).]5FURTHER, AFFIANT SAITH NOT.[Plaintiff222s Attorney]Subscribed and sworn to before me, the undersigned Notary Public, on this day of, 20.[SEAL]Notary PublicMy Commission Expires: Local Rule 7004-1(D). Statement of whether the court fixed a deadline for serving an answer or motion, or whether2the 30 (or 35) day time limit applies. Statement that no answer or motion has been received within the time limit fixed by the3court or by Fed. R. Bankr. P. 7012(a). Statement that the party against whom default is requested is not an minor or incompetent4person, as required by Fed. R. Civ. P. 55(b)(1), is applicable only when the Defendant is a naturalperson. Statement pursuant to the Servicemembers Civil Relief Act is applicable only when the5Defendant is a natural person.2 American LegalNet, Inc. www.FormsWorkFlow.com