You are here

Motion to Withdraw Claim

Official Procedure Last Change July 31, 2017

Motion to Withdraw Claim

How to file:

Location of event: Bankruptcy > Motions, Applications & 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 The claim may be withdrawn by filing a Withdrawal of Proof of Claim.

These instructions are for attorneys only. See separate procedure for instructions for limited users.

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 The claim may be withdrawn by filing a Notice of Withdrawal of Proof of Claim.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 > Motions, Applications & Briefs.(link is xternal)

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 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 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, the 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, 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.

15. 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.