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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.
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) American LegalNet, Inc. www.USCourtForms.com 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. American LegalNet, Inc. www.USCourtForms.com