Official Procedure Last Change December 1, 2022
Motion to Compromise and/or Settle
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Compromise and/or Settle, Motion to
Things to be aware of when filing: Use of the Court's sample form is encouraged.
- If the Motion to Compromise and/ or Settle under Rule 9019 is filed to dispose of a pending Adversary proceeding, once approved, parties involved in an Adversary proceeding must file a Notice of Dismissal, Stipulation of Dismissal, or Agreed Consent to Judgment; whichever is appropriate pursuant to Clerk’s notice dated January 2013, ”Guidance on Proper Procedure for Disposition of Adversary Proceedings”.
- Motions to Compromise & Settle filed by a trustee may also contain a request that the debtor's discharge be revoked or denied should the debtor default on the terms set out in the Motion. If such is requested, the procedure for enforcement should be stated in the Motion. If the Debtor defaults, those terms can be enforced without the need for an adversary proceeding.
- Any request for fees and/or expenses (not including subrogation liens) must be submitted to the court on a separate motion.
View flowchart on 9019-1(b) process when driven by trustee and debtor
- Motion must be signed by filing party
- A Certificate of Service must accompany the Motion.
- Use of the Court's sample form is encouraged.
- Filing party is responsible for uploading a proposed order.
- A 21 day objection notice must be included with the Motion if filing pursuant to FRBP 9019. The Notice may be included in the body of the Motion or filed separately using the Compromise and/or Settle Notice with Certificate of Service event. Any one of the parties to the settlement can do the noticing.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Compromise and/or Settle, Motion to from the event list and 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.
10. Select appropriate radio button regarding motion.
11. If you indicated that the motion is being filed under FRBP 9019, an objection notice is required. Select the correct radio button to indicate whether the notice is included in this filing or will be filed separately and click Next, unless pending motions are also displayed (see next step).
12. 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.
13. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next.
14. Click Next.
15. Select prefix text, if applicable, 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.
16. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.