Motion by Trustee or Debtor in Possession to Approve Compromise or Settlement Under FRBP 9019
Last Updated: February 3, 2010

Note:  When the settlement relates to an adversary proceeding, the Motion to Approve the Settlement, Notice of Motion, Proof of Service and  Proposed Order is filed in the main case. The Stipulation and Order Approving the Stipulation is filed in the Adversary. When filing the Stipulation in the adversary case, please note in the text box that a Motion to Approve was filed in the main case.

Filing Requirements - Main Case

  • Motion to Approve Compromise or Settlement

  • Notice of Motion giving 21 days to object. Rule 2002(a)(3). Notice is sent to all creditors.

  • Proof of Service

  • Proposed Order Approving Motion (may be filed after the last day to object has expired)

Filing Requirements - Adversary Case

  • Stipulation

  • Proposed Order Approving Stipulation


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Approve Compromise/Settlement - By Trustee or debtor in possession under FRBP 9019] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents (e.g, Proposed Stipulation), and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the last day to object (defaults to 21 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  9. Modify the text as appropriate.

  10. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  11. Electronically file the Proposed Order. Instructions

  12. Reminder: When the settlement relates to an adversary case, docket the Stipulation and proposed order in the Adversary Case. When filing the Stipulation in the adversary case, note in the text box that a Motion to Approve was filed in the main case.

 

 

 

 

 

11 U.S.C.: 
FRBP:  9019, 2002(a)(3)