Motion to Abandon filed by Party in Interest

Last Updated: December 1, 2009

See also Notice of Intent to Abandon by Trustee

See also Motion for Relief from Stay
See also Multi-Part Motions

Filing Requirements:

• Motion to Abandon

• Notice of Motion with 14 day objection period. Notice is sent to all creditors.

• Proof of Service.

• Proposed Order  Instructions.

• Filing Fee  [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee].

Step-by-Step Procedures:

1. Log into CM/ECF.

2. Select [Bankruptcy >  Motions/Applications].

3. Enter the case number (e.g., xx-xxxxx).

4. Select [Compel Abandonment] or (if filed as a multi-part motion with Relief from Stay) Select [Compel Abandonment (no fee)] from the event list.
   
   Note: When a Motion to Abandon is combined with another relief type, while holding down Ctrl key, select multiple events.

5. Select the party filer. If the party is not listed, click on Add/Create New Party.
   
   Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

6. Enter a description of what is being abandoned and enter "y or n" if the notice and proof of service are included with the motion.
   
   Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

7. Enter the date served (Ex. 01/16/2007)

8. Browse to select the Motion (PDF file).

9. To pay via ACH or credit card, leave the receipt field blank and select [Next] to continue filing.  
   
   Note: For Fee Exempt Motions: When filed by the Trustee, enter "Exempt". When filed by Debtor in Possession (Ch. 11), enter "Exempt".

10. Modify docket text if appropriate.
    
    Note: If you selected more than one relief type, select "and/or" from the second prefix box.

11. Verify the final docket text; if correct, click [Next] to submit your document(s).
    
    Note: The Notice of Electronic Filing displays, giving you the document number. Copies of this notice are immediately emailed to all participants who receive electronic notification in the case.

12. Submit proposed order.  Instructions.