Affidavit In Support Of Application For Entry Of Fact Of Default Page 9

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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.
The Plaintiff is entitled under applicable law to entry of Judgment by Default.
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 _________________________.
United States Bankruptcy Judge


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