The Clerk of the Bankruptcy Court entered a Default against Walter Ng, today, September 23, 2011. You can read the doc <here>.
According to attorney Richard Brown, taking a default in an adversary proceeding is a multi-step process.
He noted that many if not all who filed adversary proceeding have not served them and/or have not filed a proof of service. The court might take action to dismiss your case unless you dismiss it, sign Walter’s Stipulation (not recommended), serve the complaint (recommended action), or take Walters default (recommended as well).
Here is how you can do all of that:
1. The complaint and summons need to be served by first class mail on the Ng’s and Gary Kaplan (use a copy of your summons and complaint. Make sure the complaint has your adversary complaint number, which is on the summons).
2. A proof of service needs to be filled out and filed with the court.
3. You have to wait 30 days from date of service to take the next step, filing of request for default. and a request for Judgment. The 30 days starts from the date you mail the summons and complaint to Walter.
4. Next prepare two documents. Affidavit Request for Entry of Default, and Request for Default. ( See sample Affidavit Clerks Entry of Default, blank b260_pdf_fillable and Docket_7_Request_to_Enter_Default) Entry.
File these two documents. The clerk should publish the Entry of Default within a day. See Docket 10 Clerks Entry of Default.
5. Prepare two more documents Affidavit Default Judgement ( Affidavit Request for Clerks Entry of Default Judgement ) and Form 261a and example Docket 8 request for entry of default judgment). Once the clerk creates the Entry of Default send in these two documents. ( you should get a copy of this in the mail or by ECF Docket 10 Clerks Entry of Default)
There are instructions published by the Bankruptcy Court on how to fill out these documents. (form 260 and 261 instructions)
Mr. Brown will later publish what steps to take following this in a later posting, on how to get your filing fee back from Walter and how to record your judgment. He indicated he is willing to answer any of your questions. You can call him at his office 925-295-0700.
*****I AM NOT AN ATTORNEY AND THIS IS NOT AND SHOULD NOT BE CONSIDERED LEGAL ADVICE*****