LBR 6007-1. ABANDONMENT
LBR 6007-1. ABANDONMENT(a) Notice of Intent to Abandon. A trustee or debtor in possession who desires to abandon property of the estate may seek to do so by a notice of intent to abandon, without the necessity for filing a motion to abandon.
(b) Motion to Compel Abandonment. An order compelling the case trustee or debtor in possession to abandon property of the estate may be obtained upon motion of a party in interest after notice of opportunity for hearing pursuant to LBR 9013-1(o)(1).
(1) Content. Notice of either an intent to abandon or motion to compel abandonment
must (a) describe the property to be abandoned, including the address of the
property, if applicable; (b) state the basis upon which the party seeking abandonment concludes that the property is burdensome to the estate or that it is of inconsequential value or benefit to the estate; and (c) state that any objection and request for hearing must be filed and served not more than 14 days after service of the notice, unless the notice specifies a longer period or unless otherwise ordered by the court.
(2) Parties to Be Served. The notice must be served on those listed in FRBP 6007(a).
(d) Absence of Objection and Request for Hearing.
(1) If no timely objection and request for hearing is filed and served, the property is
deemed abandoned without further order of the court.
(2) If an entity desires an order of the court authorizing or directing, and confirming,
the case trustee’s or debtor in possession’s abandonment of the property, that entity
may lodge a proposed form of order with the court in accordance with the procedure set forth in LBR 9013-1(o)(3).
(e) Objection and Request for Hearing. If a timely objection and request for hearing is filed and served, the party requesting the abandonment must, within 21 days from the date of service of such objection, obtain a hearing date and furnish not less than 14 days notice of the hearing to each objecting party and to the United States trustee.