Fed. R. Bankr. P. 3006 — Withdrawing a Proof of Claim; Effect on a Plan

Federal Rules of Bankruptcy Procedure

Rule 3006 — Withdrawing a Proof of Claim; Effect on a Plan

Fed. R. Bankr. P. 3006

SourceFederal Rules of Bankruptcy Procedure

Rule3006

PART X[ABROGATED]

CitationFed. R. Bankr. P. 3006

Fed. R. Bankr. P. 3006 (Withdrawing a Proof of Claim; Effect on a Plan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Bankr. P. 3006.

Text

(a)NOTICE OF WITHDRAWAL; LIMITATIONS. A creditor may with- draw a proof of claim by filing a notice of withdrawal. But unless the court orders otherwise after notice and a hearing, a creditor may not withdraw a proof of claim if:

(1)an objection to it has been filed;

(2)a complaint has been filed against the creditor in an ad- versary proceeding; or

(3)the creditor has accepted or rejected the plan or has par- ticipated significantly in the case.

(b)NOTICE OF THE HEARING; ORDER PERMITTING WITHDRAWAL. No- tice of the hearing must be served on: • the trustee or debtor in possession; and • any creditors’ committee elected under §705(a) or ap- pointed under §1102. The court’s order permitting a creditor to withdraw a proof of claim may contain any terms and conditions the court considers

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(a) NOTICE OF WITHDRAWAL; LIMITATIONS. A creditor may with-
draw a proof of claim by filing a notice of withdrawal. But unless
the court orders otherwise after notice and a hearing, a creditor
may not withdraw a proof of claim if:
(1) an objection to it has been filed;
(2) a complaint has been filed against the creditor in an ad-
versary proceeding; or
(3) the creditor has accepted or rejected the plan or has par-
ticipated significantly in the case.
(b) NOTICE OF THE HEARING; ORDER PERMITTING WITHDRAWAL. No-
tice of the hearing must be served on:
• the trustee or debtor in possession; and
• any creditors’ committee elected under §705(a) or ap-
pointed under §1102.
The court’s order permitting a creditor to withdraw a proof of
claim may contain any terms and conditions the court considers
proper.
(c) EFFECT OF WITHDRAWING A PROOF OF CLAIM. Unless the court
orders otherwise, an authorized withdrawal constitutes with-
drawal of any related acceptance or rejection of a plan.

Advisory Committee Notes

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)