Local Rule RULE 7041-1: DISMISSAL OF ADVERSARY PROCEEDING BROUGHT PURSUANT TO 11 U.S.C. § 727
Bankr. N.D.N.Y. — Civil rule
RULE 7041-1 DISMISSAL OF ADVERSARY PROCEEDING BROUGHT PURSUANT TO 11 U.S.C. § 727
(a) Voluntary Dismissal. An adversary proceeding commenced pursuant to § 727 shall be dismissed only upon Court approval.
(b) Obtaining Court Approval. Court approval of the voluntary dismissal is conditioned upon full disclosure as to the circumstances of the dismissal, including the terms of any agreement entered into between the parties. If the action is not dismissed in the presence of the Court on the record, then plaintiff shall file a proposed order of dismissal accompanied by a stipulation fully disclosing the circumstances of the dismissal and any consideration promised to be given, directly or indirectly, for the dismissal of the action. The Court may, alternatively, direct the defendant to prepare and file the stipulation required by this Rule.
(c) Notice. Notice of the proposed voluntary dismissal shall be given to the trustee, the United States trustee, and such other persons as the Court may direct.
Comment This Rule shall apply without regard to whether a dispute is settled through mediation.