Settlements & Stipulations

Rev. 09/30/14

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:                                         

On request of a party in interest or the US Trustee a Motion to Approve Compromise or a Motion to Approve Settlement/Stipulation may be filed in any contested matter 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.

For order format, please see Proposed Orders

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

 CM/ECF Event(s):

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