Official Procedure Last Change August 10, 2010
Motion to Abandon
Menu item to use: |
Bankruptcy >Motions, Applications & Briefs > Abandon, Motion to |
SD code: |
CM10 |
11 U.S.C. § 554, 725 FRBP 6007, 9014 Local Rule B-6007-1 |
General Information:
If you are seeking to file a Motion for Relief from Stay along with the request for abandonment, see separate instructions for filing a Motion for Abandonment and Relief from Stay.
Pursuant to local rule 9010-1, each attorney representing a party must file a separate appearance for such party. Only those attorneys who have filed an appearance in a pending action shall be entitled to receive service of case documents. Each appearance must be filed as a separate event and failure to file an appearance may result in a Notice of Deficient Filing or other action from the court.
An Agreed Motion to Abandon filed by two or more parties (which consist of debtor(s), trustee, or creditor) should be filed using the instructions below, choosing the Agreed option from the drop down list. The Agreed Entry menu option should only be used when filing a resolution to a previously filed motion.
Filing Requirements
A Motion for Abandonment filing fee is due unless the Motion meets the requirements to be waived as prescribed by the Bankruptcy Court Miscellaneous Fee Schedule.
Filing party is responsible for uploading a proposed order
The Motion must specify:
The name of the creditor seeking Abandonment
A description of the affected property
The Motion must be signed by the filing party.
A Certificate of Service must be included certifying that the Motion was served on the debtor or debtor's attorney, trustee and the US Trustee.
A 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice on all creditors. The Notice may be included in the body of the Motion or filed separately using the Abandonment Notice with Certificate of Service event.
If filing a Corrected Motion to Abandon, use the instructions below to avoid being charged a duplicate filing fee.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (e.g. xx-xxxxx). Click Next
4. Select Abandon, Motion to from the event list. Click Next
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney, click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next
NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, click on Add/Create New Party. Click Next
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
9. Browse to select the Motion (pdf file). Click Next
10. Review fee information. Click Next
11. Review ECF notice. Click Next
12. Indicate whether the notice is attached or will be filed separately. Click Next
13. If you indicated that the notice is included, enter service date and click Next. Objection deadline is automatically calculated and displayed. Click Next , unless pending motions are also displayed (see next step).
14. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next
15. Enter additional text, if desired, and/or select prefix text and click Next
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.
16. Verify final docket text and click Next to submit and to review the Notice of Electronic Filing.
Step by Step Instructions to file a Corrected Motion:
These instructions should only be used when filing a correction to an already-filed Motion to Abandon
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (e.g. xx-xxxxx). Click Next
4. Select Abandon, Motion to (Corrected - Fee Previously Paid) from the event list. Click Next
5. Check box if jointly filing with another attorney, click Next.
6. If you indicated in step 5 that you are filing jointly with other attorney(s), select additional attorney(s) and click Next
NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
7. Select the party filer. If the party is not listed, click on Add/Create New Party. Click Next
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. Browse to select the Motion (pdf file). Click Next
9. Enter receipt number from the original Motion (this is listed on the docket). Click Next
10. Click to select the Motion that your current filing is correcting and click Next
11. If you are filing a corrected objection notice along with the corrected Motion, choose the Yes radio button, otherwise choose No. Click Next
12. If you chose Yes in the step above, indicate whether the notice is attached or will be filed separately and click Next. If you indicated that the notice is included, enter service date and click Next
13. Select prefix text if desired and click Next. Do not choose Amended - the docket text will automatically show that your current Motion is a correction to a previously filed one.
14. Verify final docket text and click Next to submit and to review the Notice of Electronic Filing.
15. Upload proposed order if you have not already done so, or if you need to upload a corrected one.
Curing a Deficient Filing:
If the Motion is deficient: A corrected motion, using ECF event, Abandon – Corrected (Fee Previously Paid), must be filed prior to the deficiency deadline or the original filing may be stricken by the court.
If the Notice is deficient or missing: A Notice, using ECF event Abandonment Notice with Certificate of Service, must be filed prior to the deficiency deadline or the Motion may be stricken by the court.
If the Certificate of Service is deficient or missing: A Certificate of Service, using ECF event Certificate of Service (including Statement in Lieu for Address Changes), fixing deficient items, must be filed prior to the deficiency deadline or the Motion may be stricken by the court.