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RULE 6007-1

ABANDONMENT

  1. Any party in interest, other than a trustee, who seeks to have the trustee or debtor in possession abandon property of the estate may do so by complying with the following:
    1. Prepare a Report and Notice of Trustee's Intention to Abandon Property of Estate, form available at www.flnb.uscourts.gov, present the original to the trustee, and provide to the trustee the following documentation or information:
      1. Evidence of indebtedness, including promissory notes, statements of account or the like;
      2. Affidavit of amount due with calculations set forth in detail;
      3. Evidence of perfection of the lien or encumbrance including mortgages, security agreements, UCC filings and copies of titles showing liens; and
      4. Evidence as to value.
    2. Once the Trustee or debtor in possession has signed the Report and Notice of Trustee’s Intention to Abandon Property of Estate, the party in interest seeking abandonment of the property shall serve the signed Report and Notice on all creditors and parties in interest, except:
      1. If the property to be abandoned is encumbered by liens greater than the value of the property, notice shall be given only to the debtor, debtor's attorney, any known lien holders, the creditors' committee, if any, and the U.S. Trustee's Office.
      2. If the property to be abandoned is not encumbered by any liens but has a value totaling less than $500.00, notice shall be given to the debtor, debtor's attorney, the creditors' committee, if any, and the U.S. Trustee's Office.
    3. The party in interest who has requested the abandonment shall file the Report and Notice and a Certificate of Service with the Clerk.
  2. A trustee who seeks to abandon property of the estate may do so by complying with the following:
    1. Prepare a Report and Notice of Trustee’s Intention to Abandon Property of Estate;
    2. Serve the Report and Notice of Trustee’s Intention to Abandon Property of Estate on all creditors and parties in interest, except:
      1. If the property to be abandoned is encumbered by liens greater than the value of the property, notice shall be given only to the debtor, debtor’s attorney, any known lien holders, the creditors’ committee, if any, and the U.S. Trustee’s Office.
      2. If the property to be abandoned is not encumbered by any liens but has a value totaling less than $500.00, notice shall be given to the debtor, debtor’s attorney, the creditors’ committee, if any, and the U.S. Trustee’s Office.
    3. File the Report and Notice and a Certificate of Service with the Clerk.
  3. The Report and Notice may be filed on negative notice pursuant to Local Rule 2002-2. Unless an objection is timely filed in accordance within the negative notice period set forth in the notice, or within such other time fixed by the Court, the abandonment will be deemed final and no order will be issued.

 

Advisory Committee Notes
2020 Amendment

The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (A)(1) is amended to maintain a consistent style for references to the court’s website. Subdivision (C) is amended to clarify the applicability of the negative notice period.