Rule 8023 Federal Rules of Bankruptcy Procedure

Rule 8023 of the Federal Rules of Bankruptcy Procedure is about Voluntary Dismissal. It is under Part VIII (Appeals to District Court or Bankruptcy Appellate Panel) of the Rules.

(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.