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.

 Codes, Rules and Forms:

Bankruptcy Code:

None

Bankruptcy Rule:

2002(a)(3)

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/Contested Matters, Approve Compromise or Settlement/Stipulation

Trustee – Ch. xx Cases, Certificate of Default (for trustees)

Trustee – Ch. xx Cases, Request to List Matter for Hearing (for trustees)

Trustee – Ch. xx Cases, Request to Remove Matter from Hearing List (for trustees)

Trustee – Ch. xx Cases, 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 AS 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