Motion to Abandon

Last Updated:  March 3, 2009

 

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When the trustee or debtor in possession are seeking to abandon property, they should file a Motion to Abandon.

 

All other parties seeking the abandonment of property should file a Motion to Compel Abandonment and pay the required filing fee. Refer to Schedule of Fees for Filing Fee requirements.

 

Step-by-Step Procedures:

1. Select [Bankruptcy>Motions/Applications or Motions/Application Tr/UST]

2. Enter case number and click Next

3. Select Abandon from pick list and click Next

4. Select Party from party pick list or Add/create new party

• If motion is filed by trustee select Trustee

• If motion is filed by debtor in possession select Debtor

5. Click Next

   The Attorney/Party Association screen may display.  If it does, click here.

6. Click Next

The PDF Document selection screen will display.

7. Click Browse button and navigate to locate the appropriate document/file

8. View file Highlight filename
   Right click on filename
   Select Open
   Review document
   Close window to verify the correct file is being selected

9. Click Open button and filename will appear in the browse window

Next, the Proposed Order must be added as an attachment to the notice of motion and motion.

10. Click Yes radio button for Attachment to Document and click Next

11. Attach Proposed Order

12. Insert brief description of property being abandon

13. Click Next

14. Insert hearing date, time and select hearing location and click Next

The Modify Text screen will display.  Click down arrow to select a prefix if applicable.

15. Click Next

The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

16. Verify the accuracy of the docket text

17. Click Next to complete filing process

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.