Withdrawals

Rev. 06/30/17

WITHDRAWALS

Overview:

 

            A plaintiff may withdraw an adversary complaint without an order if:

           

  • No answer is filed; or
  • An answer is filed and the plaintiff obtains consent or a signed stipulation has been filed.

    If an answer to a complaint has been filed and there is no consent/stipulation to the plaintiff’s withdrawal of the adversary proceeding, then an order is required.

    In all cases (regardless of whether an answer has been filed or there is consent/stipulation), if the request is to withdraw an Objection to Discharge, notice must be given and an order from the court is required.

 

Codes, Rules and Forms:

Bankruptcy Code: 

None

Bankruptcy Rule:

7041

FRCP:

41

Local Rule:

None

 

 

CM/ECF Event(s):

            Miscellaneous, Withdrawal
            Motions/Applications, Withdraw
          Multi-Case Docketing (Ch. 12 & 13 Trustees ONLY), Withdrawal of Motion to Dismiss (material default OR copy of Federal tax return) (Trustees)
           Trustee – Ch. 7 Cases, Withdrawal of No Asset Report (Trustees)

 

I.Noticing:

 

A.Type:                    Passive – 14 day language

B.Who Serves:        Movant

C.Service:               Defendant, Defendant’s Counsel, T, UST, and P