Settlements & Stipulations

Rev. 03/31/15

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, Certificate of Service and Proposed Order.

            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, Certificate of Default
(trustees)
Trustee, Request to List Matter for Hearing (trustees)
Trustee, Request to Remove Matter from Hearing List (trustees)
Trustee, Stipulation (trustees)
US Trustee, Certificate of Default (US Trustee)
US Trustee, Stipulation (US Trustee)

 

I.   Noticing:

          A.    Type:                   THE MOVANT AND/OR THE TRUSTEE PROVIDES THE NOTICE.  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.  

                                              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.

        B.   Who Serves:        Movant – Court if filed by Trustee or UST

        C.   Service:                Matrix