Settlements & Stipulations

Rev. 12/12/18

SETTLEMENTS & STIPULATIONS
(BK and ADV)

  • Motion to Approve Compromise or Settlement/Stipulation
  • Stipulation
  • Request to Remove Matter from Hearing List
  • Request to List Matter for Hearing
  • Certificate of Default

Overview:                                         

A Motion to Approve Compromise/Settlement/Stipulation may be filed by a party in interest, trustee or the US Trustee. Such motions may be filed in the main case as a separate motion, or in any contested matter or adversary proceeding when the parties have mutually agreed to resolve the dispute and no longer require the court to make a determination in the matter.

This filing should be accompanied by the Motion, Notice of Motion, and a Proposed Order.   When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed. 

LF 9019-1 should also accompany the motion if the matter was previously set for a hearing.

For order format, please see Proposed Orders

 
Codes, Rules and Forms:
 
Bankruptcy Code:
None
Bankruptcy Rule:
Local Rule:

Local Form:
9019-1
 

 CM/ECF Event(s):

Miscellaneous, Certificate of Default (attorneys)
Miscellaneous, Request to List Matter for Hearing (attorneys)
Miscellaneous Request to Remove Matter from Hearing List (attorneys)
Miscellaneous, Stipulation (attorneys)
Motions/Applications, Approve Compromise or Settlement/Stipulation
Trustee - Ch. xx Cases, Certificate of Default (trustees)
Trustee - Ch. xx Cases, Request to List Matter for Hearing (trustees)
Trustee - Ch. xx Cases, Request to Remove Matter from Hearing List (trustees)
Trustee - Ch. xx Cases, Stipulation (trustees)
US Trustee, Certificate of Default (US Trustee)
US Trustee, Stipulation (US Trustee)

 

I.   Noticing:

         A.    Type:                THE TERMS OF THE SETTLEMENT/STIPULATION SHOULD BE OUTLINED IN THE NOTICE THAT IS SENT.
                                          Passive – 21 day language – for Motions to Approve Compromise or Motion to Approve Settlements/Stipulation only.
        B.   Who Serves:        Movant
        C.   Service:                Matrix 

If the filing is a Trustee’s Motion to Approve Compromise or Settlement/Stipulation in an Adversary case, the Notice also needs to be docketed in the main case and served on all creditors.