Motion to Abandon filed by Party in Interest
See also Notice of Intent to Abandon by Trustee
Last Updated: February 21, 2014

Filing Requirements:

  • Motion to Abandon

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

    Note: When a party in interest files a Motion to Abandon AFTER the 341 meeting is concluded, notice is sent to the Trustee, Debtor in Possession, and the U.S. Trustee. When the Motion is filed BEFORE the 341 meeting is concluded, notice is sent to all creditors.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)

  • $176.00 Filing Fee

    Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. § 1930.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Abandon] from the event list.

    Note: When a Motion to Abandon is combined with another relief type, Ctrl and click to select multiple events. Note that there is a separate event for Relief from Stay and Abandonment.

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the last day to object (defaults to 14 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  9. To pay via credit card, leave the receipt field blank and select NEXT to continue filing.  

    Note - For Fee Exempt Motions:
    When filed by the Trustee, enter "Trustee". When filed by Debtor in Possession (Ch. 11), enter "DIP".

  10. Modify the text as appropriate.

    Note: If you selected more than one relief type, select and/or from the second prefix box.

  11. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  12. Electronically file the Proposed Order. Instructions

 

 

 

 

 

11 U.S.C.: 554(b)
FRBP: 6007(b)