Withdrawal of Claim

Rev. 1/15/2019

 

Fed. R. Bankr. P.  3006

 

 

A creditor may withdraw a proof of claim by filing a notice of withdrawal, except when:

 

  • a party objects to the claim;
  • a party files an adversary proceeding related to the claim; or
  • the creditor has accepted or rejected the plan or otherwise has significantly participated in the case.

 

If any of the above exceptions exist, the creditor may only withdraw the claim by court order and after a hearing on the notice to the trustee, debtor-in-possession, and any creditor's committee elected under 11 U.S.C. § 705(a) or appointed under 11 U.S.C. § 1102.

 

 

Requirements:

 

Withdrawal of Claim with Certificate of Service

 

Docket Event:

 

[Bankruptcy> Claim Actions> Withdrawal of Claim]