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.

(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.)


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