Rule 3006 Federal Rules of Bankruptcy Procedure

Rule 3006 of the Federal Rules of Bankruptcy Procedure is about Withdrawing a Proof of Claim; Effect on a Plan. It is under Part III (Claims and Distribution to Creditors and Equity Interest Holders; Plans) of the Rules.

(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.