You are here

Withdrawal of Proof of Claim

Official Procedure Last Change April 22, 2019

Withdrawal of Proof of Claim

How to file:

Location of event: Bankruptcy > Claims > Claim Events > 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.

  •  FRBP 3001(e)

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

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 instructions on this page to withdraw a claim.

  • Attorneys for debtor cannot withdraw a claim using this event. Should a need arise to do so, the attorney for debtor may file a withdrawal using the Notice of Submission event.
  • To withdraw an amended claim where the original claim is still valid, use the Notice of Submission event. (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  • The document must specify which claim is being withdrawn, using the Court claim number (this can be located in CM/ECF by going to Reports 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, 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 > Claims > Claim Events.

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. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. 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.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click the claim(s) in the list that are being withdrawn then click Next.

Note: If the claim number and/ or other information detailing the exact claim to be withdrawn is missing from the document skip this step and continue filing. Click OK when warning window appears

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

10. 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.