COMPROMISE OF CONTROVERSY
U.S. Bankruptcy Court for the Central District of California
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(a) (b) Contested Matter. When FRBP 9019 applies, a motion seeking relief under FRBP 9019 is a contested matter under FRBP 9014. Filing Motion on Bankruptcy Case Docket. Due to the notice requirements of FRBP 2002(a)(3) and FRBP 9019(a), all motions seeking relief under FRBP 9019 must be filed on the docket of the bankruptcy case.
(1) Caption. The caption of the motion must be a caption of the bankruptcy case, not the caption of the adversary proceeding. (2) Adversary Proceeding Docket. When a movant files a motion seeking relief under FRBP 9019 to settle one or more claims that are made in an adversary proceeding, the movant must also file, on the adversary docket, a notice that a motion under FRBP 9019 has been filed.
The caption of the notice must include a reference to the docket entry of the filed motion. (c) Provisions of Notice; Statement About Completeness. Both the notice of motion filed on the docket of the bankruptcy case and any notice filed on an adversary docket must contain a clear, concise statement as to whether the proposed compromise settles all claims involving all parties to the dispute, or whether any claims or parties remain in the dispute.