Rule 6007-1

Abandonment of Property

(a) Definitions.  For purpose of this Local Rule, the term “trustee” does not include a “debtor in possession”.

(b) Procedure.

(1) Notice of Intent to Abandon.  A trustee or debtor in possession who desires to abandon property of the estate may file a notice of intent to abandon, without filing a motion.

(2) Motion to Compel Abandonment.  A party in interest who seeks to compel the trustee or debtor in possession to abandon property of the estate must file a motion.

(c) Notice.

(1) By Trustee.  A trustee’s notice of intent to abandon must be served by the Clerk.

(2) By Debtor in Possession.  A notice of intent to abandon must be served by the debtor in possession.

(3) By Movant. A motion to compel abandonment must be served by the movant.

(4) Contents.  The notice of intent or motion must describe the nature or type of property to be abandoned, including the address and legal description of the real property, if applicable, and the basis on which the trustee, debtor in possession or movant concludes that the property is burdensome to the estate or of inconsequential value and benefit to the estate.

(5) Parties to be Served.  The notice must be served on the debtor and those listed in FRBP 6007(a).

(d) Objections. Unless ordered otherwise, objections must be filed with the Court and served on any trustee, the debtor or debtor in possession, and the movant, if applicable, within fourteen (14) days of service of the notice.

(e) Hearings.  Unless ordered otherwise and unless a timely objection is filed, a notice of intent to abandon or motion to compel abandonment shall not be set for hearing.

(f) Orders. 

(1)  If No Objection is Filed and Served.  If no timely objection to a notice or motion is filed and served, the trustee, debtor in possession, or movant may file a certificate of service and of no objection and lodge an order granting the relief requested.

(2)  If an Objection is Filed and Served.  If a timely objection is filed and served, the trustee, debtor in possession or movant must obtain a hearing, file a notice of hearing, serve the notice on the objecting party, and file a certificate of service.

 


Notes 2018:  LR amended to require a form of order for abandonment. 

 

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