Motion to Approve Stipulation

Last Updated: May 16, 2014

Note:  When the settlement/compromise settles issues that relate to both an adversary proceeding and the main bankruptcy case the stipulation, motion and notice should be filed in both cases.

Filing Requirements:

  • First file:  Stipulation/Settlement Agreement

  • Then file:  Motion to Approve Stipulation.

  • Notice of Motion with 21 day objection period. Rule 2002(a)(3).  Notice is sent to all creditors.

  • Proof of Service

  • Proposed Order  Instructions.

Note:  The settlement agreement is to be electronically filed before the motion, notice and proof of service in order to ensure proper relating of documents.


To File Electronically:

  1. Log into CM/ECF.

  2. Reminder: When the settlement relates to an adversary case, docket the Stipulation/Settlement Agreement, then Motion and Notice in the adversary proceeding using Adversary Proceeding case number.

  3. Select [Bankruptcy > Motions/Applications].

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

  5. Select [Approve Stipulation] from the event list.

  6. Skip the Joint Filing screen.

  7. Select the party filer.

  8. Enter a "y or n" if the notice and proof of service are included with the motion.

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

  9. Enter date served.

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

  11. Modify the text as appropriate.

  12. 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 emailed to all participants who receive electronic notification in the case.

  13. Submit Proposed Order. Instructions

 

 

 

 

 

11 U.S.C.:  
FRBP: 9019; 2002(a)(3)

 

Local Rule 7007-1