Rule · Federal Rules of Bankruptcy Procedure

Fed. R. Bankr. P. 8023 — Voluntary Dismissal

Fed. R. Bankr. P. 8023

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) Stipulated Dismissal. The clerk of the district court or BAP must dismiss an appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due. (b) Appellant’s Motion to Dismiss. An appeal may be dismissed on the appellant’s motion on terms agreed to by the parties or fixed by the district court or BAP. (c) Other Relief.

Citator

Fed. R. Bankr. P. 8023 — Voluntary Dismissal is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Stipulated Dismissal. The clerk of the district court or BAP must dismiss an appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due. (b) Appellant’s Motion to Dismiss. An appeal may be dismissed on the appellant’s motion on terms agreed to by the parties or fixed by the district court or BAP. (c) Other Relief. A court order is required for any relief beyond the dismissal of an appeal—including approving a settlement, vacating an action of the bankruptcy court, or remanding the case to it. (d) Court Approval. This rule does not alter the legal requirements governing court approval of a settlement, payment, or other consideration.