If the proceeding is a 727 Objection to/Revocation of Discharge, the Stipulation must be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024. If the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment. A ”joint motion to dismiss” should be filed as a stipulation of dismissal. This stipulation concludes the adversary proceeding, with no further Court order. 7041 also permits the parties to file a stipulation of dismissal. If the proceeding is a 727 Objection to/Revocation of Discharge, then the notice of dismissal should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024. The notice of dismissal should be served on the defendant. If a defendant has answered or moved for summary judgment, the plaintiff cannot use the notice of dismissal to terminate the adversary proceeding but instead must file either a stipulation of dismissal or a motion to dismiss. The notice of dismissal concludes the adversary proceeding, with no further order from the Court. 7041 permits the plaintiff to withdraw a complaint, prior to a defendant’s filing of an answer or motion for summary judgment, by filing a notice of dismissal. Hold down the Ctrl key to select more than one party. Things to be aware of when filing: Stipulation of Dismissal: You must select both plaintiff and defendant from the party select screen (even though only one party is actually filing the document). ![]() ![]() Motion to Dismiss Adversary Proceeding: Adversary > Motions & Briefs > Dismiss Adversary Proceeding or Count. ![]()
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