A plaintiff/movant may withdraw an adversary complaint/motion without an order if:
- No answer is filed; or
- An answer is filed and the movant/plaintiff obtains consent or a signed stipulation has been filed.
If the request is to withdraw an Objection to Discharge, notice must be given and an order from the court is required.
Multi-Case Docketing (Ch 12 & 13 Trustees ONLY), Withdrawal of Motion to Dismiss (material default OR copy of Federal tax return) (for trustees)
Trustee – Ch 7 Cases, Withdrawal of No Asset Report (for trustee)
Trustee – Ch 7, 11 12, 13 Cases, Withdrawal (for trustee)
A. Type: Passive – 14 day language if the request to withdraw is for an Objection to Discharge
B. Who Serves: Movant
C. Service: Defendant, Defendant’s Counsel, T, UST, and P