A creditor may withdraw a claim as of right by filing a notice of withdrawal, except as provided in this rule. If after a creditor has filed a proof of claim an objection is filed thereto or a complaint is filed against that creditor in an adversary proceeding, or the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, the creditor may not withdraw the claim except on order of the court after a hearing on notice to the trustee or debtor in possession, and any creditors’ committee elected pursuant to § 705(a) or appointed pursuant to § 1102 of the Code. The order of the court shall contain such terms and conditions as the court deems proper. Unless the court orders otherwise, an authorized withdrawal of a claim shall constitute withdrawal of any related acceptance or rejection of a plan.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
added in current removed in current
Compared to current version (2025).
(a) Notice of Withdrawal; Limitations. A creditor may withdraw a claim as of rightproof of claim by filing a notice of withdrawal, except as provided in this rule. If after a creditor has filed. But unless the court orders otherwise after notice and a hearing, a creditor may not withdraw a proof of claim if:
(1) an objection is filed thereto orto it has been filed;
(2) a complaint ishas been filed against thate creditor in an adversary proceeding,; or
(3) the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, the creditor may not withdraw the claim except on order of the court after a hearing on notice to.
(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 pursuant tounder § 705(a) or appointed pursuant to § 1102 of the Code. The order of the court shallunder § 1102. The court’s order permitting a creditor to withdraw a proof of claim may contain suchany terms and conditions as the court deemconsiders proper.
(c) Effect of Withdrawing a Proof of Claim. Unless the court orders otherwise, an authorized withdrawal of a claim shall constitutes withdrawal of any related acceptance or rejection of a plan.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)