ABANDONMENT OF PROPERTY OF THE ESTATE: Motion to Compel

6007(b): ABANDONMENT OF PROPERTY OF THE ESTATE: Motion to Compel

** UPDATED 10-21-2024 **

Bankruptcy Code section 554(b) allows a party to seek an order authorizing abandonment of property of the estate that is burdensome and is of inconsequential value and benefit to the estate.

FRBP 6007(b) provides the procedure for a party in interest to seek a court order compelling the debtor or trustee to abandon property of the estate. That procedure is to file a motion and serve the motion using the procedure of LBR 9013-1(o), to give other parties the opportunity to file an opposition and request a hearing, or to file a motion and set it for a hearing. The court has LBR forms for serving notice, declaring that no party filed an opposition, and for serving notice of a hearing if a party requests a hearing or the moving party wants to set a hearing as the initial procedure. See links below.

LBR 6007-1 was amended to remove the procedure that was already provided in FRBP 6007(b), so as not to duplicate provisions that are no different from those found in FRBP 6007. Thus, LBR 6007-1 now provides the procedure only for a trustee or debtor to abandon property of the estate.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

6007(b)

Reference to Local Rules and/or Forms:

Rule 9001-1 through 9075-1

Notice of Opportunity to Request a Hearing on Motion [LBR 9013-1(o)]

Declaration That No Party Requested a Hearing on Motion [LBR 9013-1(o)(3)]

Hearing Notice

Reference to Common Links:

Bankruptcy Code section 554(b) -- Standard for Abandoning Property of the Estate

FRBP 6007 -- Motion by a party in interest to compel abandonment of property