11 USC App Rule 9019: Compromise or Settlement; Arbitration
Result 1 of 1
   
 
11 USC App Rule 9019: Compromise or Settlement; Arbitration
From Title 11-AppendixFEDERAL RULES OF BANKRUPTCY PROCEDUREPART IX-GENERAL PROVISIONS

Rule 9019. Compromise or Settlement; Arbitration

(a) Approving a Compromise or Settlement. On the trustee's motion and after notice and a hearing, the court may approve a compromise or settlement. Notice must be given to:

• all creditors;

• the United States trustee;

• the debtor;

• all indenture trustees as provided in Rule 2002; and

• any other entity the court designates.


(b) Compromising or Settling Controversies in Classes. After a hearing on such notice as the court may order, the court may:

(1) designate a class or classes of controversies; and

(2) authorize the trustee to compromise or settle controversies within the class or classes without further hearing or notice.


(c) Arbitration of Controversies Affecting an Estate. If the parties so stipulate, the court may authorize a controversy affecting an estate to be submitted to final and binding arbitration.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 2, 2024, eff. Dec. 1, 2024.)

Notes of Advisory Committee on Rules-1983

Subdivisions (a) and (c) of this rule are essentially the same as the provisions of former Bankruptcy Rule 919 and subdivision (b) is the same as former Rule 8–514(b), which was applicable to railroad reorganizations. Subdivision (b) permits the court to deal efficiently with a case in which there may be a large number of settlements.

Notes of Advisory Committee on Rules-1991 Amendment

This rule is amended to enable the United States trustee to object or otherwise be heard in connection with a proposed compromise or settlement and otherwise to monitor the progress of the case.

Notes of Advisory Committee on Rules-1993 Amendment

Subdivision (a) is amended to conform to the language of §102(1) of the Code. Other amendments are stylistic and make no substantive change.

Committee Notes on Rules-2024 Amendment

The language of Rule 9019 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.