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Procedure For Abandonment Of Property Form. This is a Virginia form and can be use in USBC Eastern Federal.
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Tags: Procedure For Abandonment Of Property, Virginia Federal, USBC Eastern
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA ________________Division PROCEDURE FOR ABANDONMENT OF PROPERTY Federal Rule of Bankruptcy Procedure 6007 and Local Bankruptcy Rule 6007-1 provideprocedures for abandonment of property. The intent of Local Bankruptcy Rule 6007-1 is toprovide notice as required by Federal Rule of Bankruptcy Procedure 6007(a) of the trustee=sintent to abandon property of the estate that is burdensome or of inconsequential value to theestate. This notice relative to the proposed abandonment is contained in the 341 meeting noticemailed to all creditors. Parties in interest who oppose the abandonment of any property maystate their oral objections at the meeting of creditors, obtain a hearing date from the Court andtransmit notice of a hearing on their objection and file such notice with proof of service with theCourt, within ten (10) days after the meeting of creditors. To effectively accomplish abandonment under this procedure, creditors holdingsecured claims should file evidence of their security interest or lien with the interim trusteeon or before the 341 meeting. If sufficient documentation with respect to property sought to beabandoned is lacking at the 341 meeting, the creditor may have to wait until the case is closedbefore the property, real or personal, is deemed abandoned. A certificate may be obtained from the Clerk=s Office at a cost of $20 certifying that noobjections or notice of hearing thereon, pursuant to Federal Rule of Bankruptcy Procedure 6007and Local Bankruptcy Rule 6007-1, was timely filed with the Clerk of Court, pursuant to thenotice of abandonment as contained in the 341 meeting notice. Absent oral abandonment of the property at the 341 meeting, a party in interest seeking tocompel the trustee to abandon property of the estate must file a motion referred to in LocalBankruptcy Rule 6007-1(B). A party requesting the Court to order the trustee to abandon anyproperty shall obtain a hearing date from the Court and transmit copies of the motion and noticeof hearing to all parties in interest, and shall file with the Clerk the original plus one copy of themotion together with notice of hearing thereon and proof of service. A $75 filing fee is required.[abandpro ver. R-01/01/98]