Local Rule LR 8.08 / LR 6007-1: Abandonment of Estate Property in Chapter 7 Cases

A party in interest may file and serve a motion to compel the Trustee to abandon property of the estate pursuant to Bankruptcy Rule 6007(b). The motion to compel abandonment must be accompanied by the required filing fee (See Appendix A). The party filing the motion shall serve it on the U. S. Trustee.

A secured creditor may expedite the abandonment of estate property by obtaining a "Trustee's Proposed Intent to Abandon Property" form (See Appendix F, Form No. 8) from the Clerk's office and by completing it and forwarding it to the appropriate Chapter 7 Trustee. The form must be accompanied with a copy of evidence of a properly recorded security interest, in a manner satisfactory to the trustee. The creditor is responsible for the filing and service of the completed form, by either mailing the abandonment or by having the Clerk's office mail it, in compliance with the instructions set forth in the back of the form. No filing fee is required to be paid to the Bankruptcy Court by the creditor when obtaining an abandonment by this procedure.

Cross reference 11 U.S.C. §§ 554 and 725 Bankruptcy Rules 6007; 9014 Appendix A (Fees) Appendix F, Form No. 8