Last Updated: July 10, 2006
When a party other than the trustee or debtor in possession are seeking the abandonment of property, they should file a Motion to Compel Trustee to Abandon.
If trustee or debtor in possession are seeking to abandon property, they should file a Motion to Abandon.
Step-by-Step Procedures:
Select [Bankruptcy>Motions/Applications]
Enter case number and click Next
Select Compel Trustee to Abandon from pick list and click Next
Select Party you represent from party pick list or Add/create new party
Click Next
If attorney represents the party selected, click the box to create the association
If attorney does not represent the party selected, do not click the box
Click Next
Click Browse button and navigate to locate the appropriate document/file
View file to verify the correct file is being selected
Click Open button and filename will appear in the browse window
Next, the Proposed Order must be added as attachments to the notice of motion and motion.
Click Yes radio button for Attachment to Document and click Next
Insert brief description of property
Note: The required filing will is displayed on this page.
Insert hearing date, time and select hearing location and click Next
The Modify Text screen will display. Click down arrow to select a prefix if applicable.
Click Next
The Final Text screen will display. This is your final opportunity to modify the entry before submitting the filing.
Verify the accuracy of the docket text
Click Next to complete filing process
The Electronic Payment screen will appear.
Next, pay filing fee for your filing.
Electronic Payment
You have the option to:
Continue Filing
Select one of the two options and close the window when done.
The Notice of Electronic Filing will display. It is the verification that the filing has been sent electronically to the court.
Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the document filed.