Judge Daniel S. Opperman

U.S. Bankruptcy Court for the Eastern District of Michigan

Bay City
111 First Street, Bay City, MI 48708

Flint
226 West Second Street, Flint, MI 48502

Staff Information

Bay City Courtroom Deputy:  Wendy Erickson (989) 894-8844
Flint Courtroom Deputy:        Jill McFarlane (810) 235-2039

Judge Tabs

Default Judgments
  1. Motions for default judgments will not be accepted absent the following:
    1. A description of the nature of the claim;
    2. An affidavit representing that this Court has subject matter jurisdiction over the action:
    3. An affidavit representing that this Court has personal jurisdiction over the defendant;
    4. An affidavit representing that the defendant is not (i) an infant; (ii) an incompetent; or (iii) in the military as provided in the Service Member's Civil Relief Act of 2003, Pub. L. No. 108-189, 117 Stat. 2835 (2003).
    5. An affidavit and documentation substantiating the relevant allegations in the complaint.
  2. If the plaintiff seeks an award of damages in the motion for default judgment, the required affidavit and substantiating documentation must also include:
    1. A request for an amount equal to or less than the principal amount demanded in the complaint;
    2. Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined at an evidentiary hearing.
    3. An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;
    4. A request for interest, if interest is sought, on the principal amount not to exceed the judgment rate under Michigan law or authority if a different rate is sought; and
    5. The calculations made in arriving at the proposed judgment amount.
  3. The motion for default judgment must be accompanied by a proposed judgment pursuant to L.B.R. 7055-1.
  4. The Court may also request a hearing on the motion at its discretion.