Withdrawing a Proof of Claim; Effect on a Plan

U.S Code last checked for updates: Jan 30, 2025

Rule 3006.

(a)

Notice of Withdrawal; Limitations.

A creditor may withdraw 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 adversary proceeding; or

(3)

the creditor has accepted or rejected the plan or has participated significantly in the case.

(b)

Notice of the Hearing; Order Permitting Withdrawal.

Notice of the hearing must be served on:

• the trustee or debtor in possession; and

• any creditors’ committee elected under § 705(a) or appointed 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 withdrawal of any related acceptance or rejection of a plan.

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