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.
Codes, Rules and Forms:
Motions/Applications/Contested Matters, Withdraw
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)
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