Rule · Federal Rules of Bankruptcy Procedure

Fed. R. Bankr. P. 3006 — Withdrawing a Proof of Claim; Effect on a Plan

Fed. R. Bankr. P. 3006

Type
Rule
Source
Federal Rules of Bankruptcy Procedure
Jurisdiction
Federal
Date
2026-10-22
Current through
Nov 10, 2026 (Office of the Law Revision Counsel)

(a) Notice of Withdrawal; Limitations. A creditor may withdraw a proof of claim by filing a notice of withdrawal. But unless the court orders otherwise after notice and a hearing, a creditor may not withdraw a proof of claim if: (1) an objection to it has been filed; (2) a complaint has been filed against the creditor in an adversary proceeding; or (3) the creditor has accepted or rejected the plan or has participated significantly in the case. (b) Notice of the Hearing; Order Permitting Withdrawal. Notice of the hearing must be served on: • the trustee or debtor in possession; and • any creditors’ committee elected under § 705(a) or appointed under § 1102.

Citator

Fed. R. Bankr. P. 3006 — Withdrawing a Proof of Claim; Effect on a Plan is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Notice of Withdrawal; Limitations. A creditor may withdraw a proof of claim by filing a notice of withdrawal. But unless the court orders otherwise after notice and a hearing, a creditor may not withdraw a proof of claim if: (1) an objection to it has been filed; (2) a complaint has been filed against the creditor in an adversary proceeding; or (3) the creditor has accepted or rejected the plan or has participated significantly in the case. (b) Notice of the Hearing; Order Permitting Withdrawal. Notice of the hearing must be served on: • the trustee or debtor in possession; and • any creditors’ committee elected under § 705(a) or appointed under § 1102. The court’s order permitting a creditor to withdraw a proof of claim may contain any terms and conditions the court considers proper. (c) Effect of Withdrawing a Proof of Claim. Unless the court orders otherwise, an authorized withdrawal constitutes withdrawal of any related acceptance or rejection of a plan.