Abandonments Initiated by Trustee

U.S. Bankruptcy Court for the Western District of Michigan

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of Michigan

Rule: 6007

Jurisdiction: WDMIB

Bluebook Citation: Bankr. W.D. Mich. L.Cr.R. R. 6007

All Rules: Bankr. W.D. Mich. L.Cr.R. Local Bankruptcy Rules, complete index


Text

(a) Notice of Abandonment. A trustee’s notice of abandonment pursuant to Fed. R. Bankr. P. 6007(a) must substantially conform to the form appended to these Rules as Exhibit 12. (b) Service of Notice. If a Chapter 7 trustee intends to abandon estate property, service of the notice must be made by the filing party as follows: (1) cases in which a report of no distribution has been filed: on the debtor; debtor’s attorney, if any; the United States Trustee; and those parties who have filed a specific request pursuant to subparagraph (c); (2) cases in which a report of no distribution has not been filed: on the debtor; debtor’s attorney, if any; the United States Trustee; and all creditors.

(c) Language of Notice. The Clerk will insert the following provision in the § 341 meeting notice (Official Forms 309A and 309C): Abandonments - Trustees may abandon property in no asset estates without notice to creditors or other interested parties. Anyone wishing to receive notice of such abandonment must file a request with the Court. 29 LBR 7008: Consent to Final Judgment or Order in Core Proceedings In any adversary proceeding before the Court, the complaint, counterclaim, cross-claim, or third-party complaint must contain a statement that the proceeding is core or noncore and, without regard to whether the proceeding is alleged to be core or non-core, that the pleader does or does not consent to entry of a final order or judgment by the Court.

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