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Withdrawal of Proof of Claim

Official Procedure Last Change April 22, 2019

Withdrawal of Proof of Claim (Limited Users)

How to file: 

Location of event: Bankruptcy > Limited Users > Withdrawal of Claim, Notice of

Things to be aware of when filing: A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of Claim in certain circumstances.

 

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

General Information

A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of 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, use the following instructions to withdraw a claim. If a Motion to Withdraw Claim is required, it must be mailed or delivered to the court - limited users cannot file motions to withdraw claim electronically.

To withdraw an amended claim where the original claim is still valid, contact the Court for instructions. (Use of the instructions below will withdraw the entire claim, not just the amended one.)

Filing Requirements

  • A Withdrawal of Claim must be signed by the filing party.
  • The document must specify which claim is being withdrawn, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register). 

Step-by-Step Instructions

1. Log into CM/ECF.

If you do not have a login for CM/ECF, the easiest way to withdraw a Proof of Claim is to use the court's eWOC system (link is external), which allows any creditor to file a withdrawal of claim online. View instructions on withdrawing a claim using eWOC

If you have a CM/ECF login, the following instructions may be used instead.

2. Select Bankruptcy > Limited Users.

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

4. Select Withdrawal of Claim, Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

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

7. Click to select the claim(s) in the list that is/are being withdrawn then click Next.

8. Verify the final docket text; if correct, click Next.

9. 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.