![]() See below for discussion of the additional requirements governing settlements of actions under § 727 or settlements with trustees.Ĭomplaints to Deny or Revoke Discharge. It also should not include any language indicating that the Court is retaining jurisdiction over the agreement or its enforcement.Ī separate order entitled "judgment" should be submitted that approves the consent to judgment. While the "judgment" may recite the terms of the parties’ agreement, it should not include any findings by the Court, e.g., that the agreement is fair and equitable, was negotiated at arms’ length, or is in the best interests of the parties. The document should not contain order or judgment language nor a place for the judge’s signature. ![]() 9021 requires that "every judgment entered in an adversary proceeding or contested matter shall be set forth on a separate document." Therefore, parties wishing to memorialize an agreement are directed to file a "consent to judgment" signed by the parties to the agreement. It is presumed that the parties want any agreement resolving the adversary proceeding to have the same effect as a judgment. Again, if the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment.Ĭonsent to Judgment. As such, a stipulation of dismissal should contain no conditions precedent or subsequent, as that would more properly be an "agreed consent to judgment." A "joint motion to dismiss" should be filed as a stipulation of dismissal. 7041 also permits the parties to file a "stipulation of dismissal." This stipulation also concludes the adversary proceeding, with no further Court order. ![]() The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires notice to the other parties in the adversary proceeding and a Court order granting the motion. 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. ![]() 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." The notice of dismissal concludes the adversary proceeding, with no further order from the Court. Subject to the special requirements for actions seeking denial or revocation of discharge or proposed settlements involving a trustee, an adversary proceeding that does not go to trial or result in default judgment can be concluded in one of several ways: ![]()
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