Toyota Motor Credit Corp. v. Montano (In Re Montano)

MEMORANDUM OF DECISION

PAUL MANNES, Chief Judge.

Before the court is a motion for default filed on behalf of Toyota Motor Credit Corporation against the debtor, Mirian K. Mon-tano. Because the affidavit is insufficient in form and substance, the motion will be denied.

Defaults are governed by Bankruptcy Rule 7055 that makes Rule 55 of the Federal Rules of Civil Procedure applicable in adversary proceedings. Bankruptcy Rule 9014 also makes Bankruptcy Rule 7055 applicable in contested matters. The Supplementary Note of the Advisory Committee on Civil Rules regarding Rule 55 points out,

The…