Motion to Compel Abandonment

 

Created: July 10, 2006 as "Motion to Compel Trustee to Abandon"

Last Updated:  May 31, 2016

Update: 5/26/2016 to change title to "Motion to Compel Abandonment"

 

A party, other than the trustee or debtor in possession, seeking to compel the abandonment of property per Bk Rule 6007(b), should file a Motion to Compel to Abandonment. This motion requires a fee.

 

Refer to Schedule of Fees for Filing Fee requirements.

 

A trustee or debtor in possession seeking to abandon property should file a Notice of Proposed Abandonment or a Motion to Abandon.

 

Step-by-Step Procedures:

  1. Select [Bankruptcy>Motions/Applications]

  2. Enter case number and click Next

  3. Select Compel Abandonment from pick list and click Next

  1. Select Party you represent from party pick list or Add/create new party

  2. Click Next

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

The following message will display: WARNING: This event is to compel the trustee or debtor in possession to abandon property of the estate per Bk Rule 6007(b).

If you are filing a motion for relief from stay AND to compel abandonment of property, please back up and select Relief from Stay and Compel Abandonment.

  1. Click Next

 

The following text box will appear, fill in the property address or description of the property:

Compel Abandonment of What?Insert brief description of property

Click Next

The PDF Document selection screen will display.

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

  2. View file to verify the correct file is being selected

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

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

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

  2. Attach Proposed Order

 

  1. Insert hearing date, time and select hearing location and clickNext

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

  1. Click Next

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

  1. Verify the accuracy of the docket text

  2. Click Next to complete filing process

The Electronic Payment screen will appear.

Next, pay filing fee for your filing.

Electronic Payment

You have the option to:

Select one of the two options and close the window when done.

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 timefree look at the document filed.