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Motion to Withdraw Claim

Official Procedure Last Change February 9, 2017

Motion to Withdraw Claim (Limited Users)

How to file: 

Location of event: Bankruptcy > Limited Users > 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 The claim may be withdrawn by filing a Withdrawal of Proof of Claim.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

This procedure is for limited users only. See separate procedure if you are an attorney filer.

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:

  • An objection has been filed to the claim, or
  • a complaint has been filed against the creditor in an adversary proceeding, or
  • the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, or
  • the claim was filed by the trustee or debtor on behalf of a creditor.

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 The claim may be withdrawn by filing a Notice of Withdrawal of Proof of Claim.

Filing requirements

  • Motion must be signed by filing party.
  • A 21-day objection notice along with a certificate of service must be included. The notice may be included with the motion or filed as a separate docket entry using the Withdraw Claim Notice with Certificate of Service (FRBP 3006) event.
  • Use of the court's sample form is recommended.
  • It is not necessary to upload an order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

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

4. Select Withdraw Claim Pursuant to FRBP 3006, Motion to from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

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 Select the claim being withdrawn from the list and click Next.

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

9. If you indicated that the notice is included, enter service date and click Next.

10. Objection due date is calculated and displayed. Click Next.

11. Final docket text is displayed for review. Click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

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.