(a) Trustee Abandonment in Chapter 7 Cases
(1) Report of No Distribution
The Meeting of Creditors notice ("Meeting Notice") shall inform the UST, all creditors, indenture trustees, and committees elected under §705 or appointed under §1102 of the Code that the trustee’s filing of a report of no distribution shall serve as a notice of proposed abandonment under Fed.R.Bankr.P. 6007 of all property of the estate listed on the Debtor’s schedules (“Scheduled Property”). The Meeting Notice shall also provide that no further notice of abandonment will be given unless a creditor or other party in interest files a request for notice (“Requesting Party”) no later than one day before the first date set for the Meeting of Creditors. The Clerk shall provide a 14-day Objection Notice of the trustee’s report of no distribution to a Requesting Party.
(2) Notation of Abandonment on Docket
The Clerk shall note on the case docket that all Scheduled Property is deemed abandoned if no objection to the proposed abandonment is filed within the time provided under subparagraph (a)(1) of this rule.
(3) Trustee’s Notice of Possible Assets and Abandonment
The Clerk shall give notice of the filing of a trustee’s notice of possible assets and abandonment to the UST, all creditors, indenture trustees, and committees elected under §705 or appointed under §1102 of the Code. The notice shall identify those assets which are not being abandoned by the trustee and the proposed abandonment of all other Scheduled Property.
(4) Trustee’s Abandonment After Report of Possible Assets
The trustee shall provide a 14-day Objection Notice of abandonment filed more than one day after filing a notice of possible assets to the UST, all creditors, indenture trustees, and committees elected under §705 or appointed under §1102 of the Code. Along with the notice, the trustee shall file a Certificate of Service. A sample notice is available on the Court’s website.
(5) Motion to Abandon Filed by Party in Interest
A motion to abandon filed by a party other than the trustee shall comply with subparagraph (b) of this rule.
(b) Motion to Abandon; Service, Notice and Filing
The movant shall serve the motion and a 14-day Objection Notice on the trustee or debtor-in-possession, the UST, all creditors, indenture trustees, and committees elected under §705 or appointed under §1102 of the Code, except that distribution may be limited in the manner prescribed by S.D. Ind. B-2002-1(d). In a Chapter 7 case where notice of insufficient assets to pay a dividend was given, notice can be limited pursuant to this subparagraph 90 days following the mailing of the notice setting a claims bar date. Along with the motion, the movant shall file a copy of the notice and a Certificate of Service. The motion, notice, and Certificate of Service may be combined into one document, a sample of which is available on the Court’s website.