Motion to Withdraw Claim



How to file:

Location of event: Bankruptcy > Motions, Applications or Briefs > Withdraw Claim Pursuant to FRBP 3006, Motion to


Things to be aware of when filing: This event should only be used to withdraw a claim in the specific circumstances outlined below. In all other instances, a motion is not required. The claim may be withdrawn by filing a Withdrawal of Proof of Claim.



FRBP 3006


General Information

If a creditor wishes to withdraw a claim, this must be done by filing a Motion to Withdraw Claim if any of the following are true:

If none of the above apply, a motion is not required. The claim may be withdrawn by filing a Notice of Withdrawal of Proof of Claim.

Note that limited users cannot file motions to withdraw claim electronically - they must be mailed or delivered to the court.



Filing Requirements



Step by Step Instructions


1. Log into ECF


2. Select Bankruptcy > Motion, Applications & Briefs


3. Enter case number (in the format xx-xxxxx) and click Next


4. Select Withdraw Claim Pursuant to FRBP 3006, Motion to. Click Next


5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.


6. Check box if jointly filing with another attorney, click Next.


7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next


NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.


8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next


Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.


9. Browse to select the Motion (pdf file).  Click Next


10. Select the claim being withdrawn from the list and click Next


11. Indicate whether the notice is included or will be filed separately. Click Next


12. If you indicated that the notice is included, enter service date and click Next. Objection due date is calculated and displayed. Click Next , unless pending motions are also displayed (see next step).


13 . If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next


14. Select prefix text and enter additional text if desired and click Next


Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.


15. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.


16. Upload proposed order



Curing a Deficient Filing

If the motion is deficient: A new motion, using the above procedure, fixing deficient items, must be filed prior to the deficiency deadline or your original filing may be stricken by the court.


If the court has issued a notice of deficiency filing because the objection notice was not filed, this can be filed separately using the Withdraw Claim Notice with Certificate of Service (FRBP 3006) event.




Required Action

Certificate of Service is missing

(For Chapter 11 cases, do not send an NDF for missing Certificate of Service unless instructed to do so by a CRD)

Objection notice has not been filed

Deadline stated on notice is not 21 days

Date of service of objection notice stated on docket text does not match the service date on PDF


If more than one service date is shown, use the later date.

The address of clerk's office is not stated in the Notice

Language to use in Deficiency Notice

The address of clerk's office is not correct (including a missing room number or an incorrect zip code)

View correct addresses


Only issue an NDF for errors in the address that would result in undeliverable mail. For instance, a slight misspelling of Indianapolis would probably present no problem for the USPS, therefore no NDF is needed.

Language to use in Deficiency Notice

The address of clerk's office mentions the Indianapolis PO Box

Language to use in Deficiency Notice