Local Rule 6007-1: ABANDONMENT OF PROPERTY.
Bankr. E.D. Tex. — General rule
Local Rule of Bankruptcy Procedure 6007-1. ABANDONMENT OF PROPERTY.
(a) Abandonment by Chapter 7 Trustee at First Meeting of Creditors 1. A trustee in a case under Chapter 7 may, at the first meeting of creditors, announce an intention to abandon property of the estate having an aggregate value of not more than $1,500.00. All other abandonment actions are governed by subsection (b) below. 2. Any objection to such a proposed abandonment must be in writing and filed with the Clerk and served upon the trustee, debtor, debtor's attorney, and any known lienholders of the property no later than 14 days after the first meeting of creditors. 3. If an objection is timely filed and served, the Court shall schedule a hearing with notice to the trustee, debtor, debtor's attorney, any lienholder, and to the objecting party. If no objection is filed, the property will be deemed abandoned without further notice. 4. A statement or summary of this Local Rule shall be included in the notice of the first meeting of creditors.
(b) Abandonment Generally 1. A notice of intent to abandon (filed by the trustee or debtor-in-possession) or motion to compel abandonment (filed by any other entity) must be filed with the Clerk and served in accordance with Fed. R. Bankr. P. 6007. 2. The notice/motion must describe the property, state its value, if known, and the justification for the proposed abandonment. 3. The notice/motion must contain the following 14-day negative notice language, which must appear as presented and be located in the motion text — preferably on the initial page:
14-DAY NEGATIVE NOTICE – LBR 6007(b):
Your rights may be affected by the relief sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief.
No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, this pleading shall be deemed to be unopposed, and the Court may enter an order granting the relief sought. If an objection is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter.