Rule 8023. Voluntary Dismissal

(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 under Rule 8023(a) or (b) 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. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 11, 2022, eff. Dec. 1, 2022.)