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 | Civil Procedure: | 41 | Local Rule: | 2002-1(d) |
CM/ECF Event(s):
Miscellaneous, Withdrawal
Motions/Applications, Withdraw
Trustee -- Ch. 7 Cases, Withdrawal of No Asset Report (Trustees)
Trustee -- Ch. 13 Cases, Withdrawal of Motion to Dismiss (Trustees)
Noticing:
| A.Type: | Passive – 14 day language |
| B.Who Serves: | Movant |
| C.Service: | Defendant, Defendant’s Counsel, T, UST, and P |
Rev. 05/06/19