Local Rule RULE 6007-1: ABANDONMENT OF ESTATE PROPERTY
Bankr. D. Mass. — General rule
RULE 6007-1.. ABANDONMENT OF ESTATE PROPERTY
(a) Requesting Notice The Clerk shall include in the initial notice of a meeting of creditors pursuant to 11 U.S.C. § 341 the following language:
Notice is hereby given that Any creditor or other interested party who wishes to receive notice of the estate representative's intention to abandon property of the estate pursuant to 11 U.S.C. § 554(a) mustmay file with the Court and serve upon the estate representative and the United States trustee a written request for such notice within fourteen (14) days from the date first scheduled for the 11 U.S.C. § 341 meeting of creditors.
(b) Limit of Notice of Estate Representative's Abandonment of De Minimis Property Notwithstanding Fed. R. Bankr. P. 6007 and in the absence of an order of the Court, after the expiration of the fourteen (14) day period referenced in section (a), the estate representative is authorized to limit notice of an abandonment of property to the debtor, debtor's counselthe debtor's attorney, if any, any creditor claiming an interest in the property concerned, those creditors who have requested notice of such action in accordance with section (a), and those parties who have filed appearances and requested service of all notices and pleadings, provided that the net value to the estate of the property concerned is estimated by the trustee to be less than $5,000.00. If the value to the estate of the property concerned is greater than $5,000.00, the estate representative shall provide notice of abandonment to all creditors and parties in interest in accordance with Fed. R. Bankr. P. 6007.
This Rule is not intended to imply that estate representatives are required to abandon property with a value to the estate of less than $5,000.00, or that estate representatives are in any manner restricted from liquidating or administering such property in any other fashion.
(c) Estate Representative's Discretion to Utilize Full Notice Nothing in this Rule shall be deemed to prevent the estate representative from utilizing greater notice than that set forth for property with a value to the estate of less than $5,000.00 if the estate representative, in his or her discretion, determines that notice of a greater magnitude is warranted.
(c) Effective Date of Abandonment Unless the Court orders otherwise, if no objections are timely filed with respect to a notice of abandonment, then the property that is subject to such notice is deemed abandoned 15 days after the mailing of the notice.
(d) Within five (5) days of receipt of a writtenA party may request by the debtor, estate representative, or other party in interest, of the Clerk shall issue a certificate of no objections concerning the abandonment of property of the estate.