WITHDRAWAL OR SETTLEMENT OF PROCEEDINGS TO
U.S. Bankruptcy Court for the Southern District of New York
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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 section 524(d) of the Bankruptcy Code, no adversary proceeding to determine the dischargeability of a debt shall be settled except pursuant to an order of the Court after due inquiry into the circumstances of any settlement, including the terms of any agreement entered into between the debtor and creditor relating to the payment of the debt, in whole or in part.
Comment This rule is derived from Former Local Bankruptcy Rule 48.