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

Bookmarking and annotating the Code and Rules is a special benefit of ABI membership. Join ABI or take a Test Drive today, and start making the Code and Rules your own!

(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.

ABI Related Resources