Rule 3006. Withdrawing a Proof of Claim; Effect on a Plan
(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.
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.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)