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 The claim may be withdrawn by filing a Withdrawal of Proof of Claim.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 The claim may be withdrawn by filing a Withdrawal of Proof of Claim.

 

 

Filing Requirements

 

 

Step by Step Instructions:

 

1. Log into ECF

 

2. Select Bankruptcy > Motion, Applications & Briefs

 

3. Enter case number. Click Next

 

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

  1.  

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 Select the claim being withdrawn from the list and click Next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