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Order Granting Judgment By Default (Core Proceeding) D104 - New York
| Order Granting Judgment By Default (Core Proceeding) Form. This is a New York form and can be used in Western District Bankruptcy Court Federal . |
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Revised 1/2005 Suggested Form D104 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK In Re: Debtor(s). ORDER GRANTING JUDGMENT BY DEFAULT [Bankruptcy Rule 7055(b)(2)] (Core Proceeding) BK Case No. ____________ Plaintiff(s), AP Case No. ____________ vs. Defendant(s). The Fact of Default was certified and entered by the Clerk of Court against Defendant, ______________________________________ ("Defendant"), on _________________, 2_____, pursuant to Federal Rules of Bankruptcy Procedure ("Bankruptcy Rule") 7055(a). Plaintiff has made application to this Court for the entry of a Judgment by Default, pursuant to Bankruptcy Rule 7055(b)(2). It appears from the Application submitted by Plaintiff that: (1) Defendant is not an infant or incompetent person; (2) Defendant is not in the military service of the United States; and (3) Defendant is not the Debtor. It further appears from the Complaint that Plaintiff has stated a cause of action for which relief can be granted by this Court. Therefore, pursuant to Bankruptcy Rule 7055(b)(2), on application of the Plaintiff, it is hereby: ORDERED, ADJUDGED AND DECREED, that Judgment by Default be and is hereby, granted and shall be entered against Defendant in the principal amount of $__________, plus prejudgment interest in the amount of $__________, calculated at the rate of _____% per-annum from _________________ through _________________, together with costs in the amount of $__________, for a Judgment by Default in the total amount of $__________. This Judgment by Default will bear post-judgment interest at the rate of _____% per-annum (rate to be set by the Court) from the date of entry of this Judgment by Default until paid in full. Dated: _________________ _________________________________ United States Bankruptcy Judge American LegalNet, Inc. www.USCourtForms.com
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