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Motion to Abandon

Official Procedure Last Change December 1, 2019

Motion to Abandon

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Abandon, Motion to

  • 11 USC 554, 725
  • FRBP 6007, 9014
  • S. D. Ind. B-6007-1

General Information

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 (e.g. the Motion is an Agreed Motion), or is a corrected motion.
  • The Motion must be signed by the filing party or their attorney.
  • The Motion  must specify:
    • The name of the creditor seeking Abandonment
    • A description of the affected property
  • 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. Use of the Court's form is encouraged:
  • The Notice must specify:
    • A 14 day objection period from the date the Notice was served
    • The name of the creditor seeking Abandonment
    • A description of the affected property
    • The address of the Clerk's office to which any objections must be sent
  • The notice must be signed by the filing party.
  • A Certificate of Service must be included certifying that the Notice was served on the debtor or debtor's attorney, trustee, the US Trustee, and all creditors.
  • A proposed order must be uploaded.

Step-by-Step Instructions

If filing a Corrected Motion to Abandon, use the instructions below to avoid being charged a duplicate filing fee.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Abandon, Motion to from the event list and 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Fee information is displayed. Click Next.

11. A Notice is displayed. 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, the 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. Select prefix text, if applicable, 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.

16. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

17. Upload proposed order.

 

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.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Abandon, Motion to (Corrected - Fee Previously Paid) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

9. Click to select the Motion that your current filing is correcting and click Next.

10. Enter receipt number from the original Motion (this is listed on the docket). 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 applicable, and click Next

Note: 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. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order if you have not already done so, or if you need to upload a corrected one.