WITHDRAWAL OR SETTLEMENT OF PROCEEDINGS

U.S. Bankruptcy Court for the Eastern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of New York

Rule: 4007-1

Jurisdiction: EDNYB

Bluebook Citation: Bankr. E.D.N.Y. R. 4007-1

TO DETERMINE DISCHARGE AND DISCHARGEABILITY (a) Withdrawal of Complaint. In the event of the withdrawal of a complaint objecting to discharge or failure to prosecute an adversary proceeding objecting to discharge, no discharge shall be granted unless the debtor shall make and file an affidavit and the debtor's attorney shall make and file a certification that no consideration has been promised or given, directly or indirectly, for the withdrawal or failure to prosecute. (b) Settlement of Proceedings. In all instances not governed by Bankruptcy Code § 524(d), an adversary proceeding objecting to dischargeability of a debt may be settled or dismissed only if a proponent of the settlement or dismissal files an affidavit or affirmation setting forth the terms of any agreement entered into between the debtor and -43- creditor relating to the payment of the debt in whole or in part.

REFERENCE: Bankruptcy Code § 524(d)

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