Judge Maria L. Oxholm

U.S. Bankruptcy Court for the Eastern District of Michigan
Southern Division
211 W. Fort St., Suite 1800
Detroit, Michigan 48226
 

Staff Information

Courtroom Deputy:  Chris Sikula (313) 465-1978
Law Clerk: Caroline Fayz
Law Clerk: Ewa Pasik

Judge Tabs

Default Judgments
  1. Applications 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;
    5. The entry by the Clerk of Court of a default stating that the defendant was properly served and failed to answer/appear; and
    6. All required substantiating documentation.
  2. If the plaintiff seeks an award of damages in the motion for default judgment, the plaintiff 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 other applicable authority if a different rate is sought; and
    5. The calculations made in arriving at the proposed judgment amount.
  3. The application 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.