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Trustees Proposed Intent To Abandon Property Form. This is a West Virginia form and can be use in Bankruptcy Court Federal.
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Tags: Trustees Proposed Intent To Abandon Property, F-8, West Virginia Federal, Bankruptcy Court
FORM F-8
Page 1 of 2
UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
In re
Case No.
Chapter 7
Debtor(s).
Liquidation
TRUSTEE'S PROPOSED INTENT TO ABANDON PROPERTY
The undersigned Trustee reports that the above debtor's estate includes the below listed
property. The property is encumbered by a valid security interest which renders the property as
being of insignificant equity value to the estate, and/or burdensome to the estate, and/or not
encumbered by any valid security interest but of insignificant equity value to the estate.
The Trustee hereby intends to abandon any interest the estate may have in the property
described below. The property shall be deemed abandoned pursuant to § 554(a) of the
Bankruptcy Code and Bankruptcy Rule 6007(a) as of the date the "Trustee's Proposed Intent to
Abandon Property" is mailed, unless a written objection is filed within fifteen (15) days from the
date of mailing.
Description of Property:
Estimate Value: $_____________________
Amount Secured: $____________________
This abandonment is not in lieu of filing a proof of claim and does not give the creditor
relief from the automatic stay imposed by § 362 of the Bankruptcy Code. Creditors desiring such
relief should contact an attorney about bankruptcy practice.
DATE MAILED:
________________________________________
Trustee’s Signature
--------------------------------------------------------------------------------------------------------------CERTIFICATE OF SERVICE
I hereby certify that on the above date a true copy of the Trustee's Proposed Intent to
Abandon Property was served by mail upon the Trustee, Debtor, Debtor's Attorney (if not pro
se), and the current mailing matrix in the case.
___________________________________
Secured Creditor’s Signature
(SEE NEXT PAGE FOR PROCESSING INSTRUCTIONS)
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Processing Instructions
Page 2 of 2
THE TRUSTEE IS UNDER NO OBLIGATION TO ABANDON FULLY SECURED
PROPERTY AT THIS TIME AND CAN WAIT UNTIL THE CLOSING OF THE CASE
WHEN PROPERTY SCHEDULED UNDER SECTION 521(L) IS DEEMED ABANDONED
PURSUANT TO SECTION 554(c) OF THE BANKRUPTCY CODE.
THE TRUSTEE, BY AGREEING TO SIGN THE PROPOSED INTENT, IS ACTING ONLY
TO ACCOMMODATE SECURED CREDITORS.
THE USE OF THIS FORM IS NOT MANDATORY OR SUGGESTED. CREDITORS MAY
PROCEED UNDER ANY REMEDY PROVIDED IN THE BANKRUPTCY CODE OR
RULES.
1. The form is to be completed by the Creditor and forwarded to the Trustee with evidence of
security attached.
2. A copy of the document evidencing the recording of the security is required.
3. If the Trustee agrees to sign the Proposed Intent to Abandon, it will be signed and returned to
the Creditor in a stamped, addressed envelope provided by the Creditor.
4. Upon receipt from the Trustee, the Creditor is responsible for mailing the Proposed Intent to
Abandon by one of the following two methods:
a. Bankruptcy Clerk: The Creditor shall file the signed Proposed Intent to Abandon with
the Clerk's Office, which will be responsible for dating and mailing the abandonment to the
Trustee, Debtor, Debtor's Attorney (if not pro se) and the current mailing matrix in the case.
b. Secured Creditor: The secured creditor shall obtain a copy of the mailing matrix from
the Clerk's Office, date the Proposed Intent to Abandon, mail copies on the same day to the
Trustee, Debtor, Debtor's Attorney (if not pro se), and the current mailing matrix, and file the
original Proposed Intent to Abandon with the Clerk along with the signed certificate of service.
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