Bankr. N.D. Fla. Loc. R. 6007-1 — Abandonment: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(A) 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 intention to abandon property, applicable form available online, present the original to the trustee or counsel for debtor in possession, and provide to that person the following documentation or information: (a) Evidence of indebtedness, including promissory notes, statements of account or the like; (b) Affidavit of amount due with calculations set forth in detail; (c) Evidence of perfection of the lien or encumbrance including mortgages, security agreements, UCC filings and copies of titles showing liens; and (d) Evidence as to value. (2) Once the trustee or debtor-in-possession has signed the report and notice, the party in interest seeking abandonment of the property shall serve the signed report and notice on all creditors and parties in interest, except: (a) 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 United States trustee’s office. (b) 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 United States 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. (B) A trustee or debtor-in-possession that seeks to abandon property of the estate may do so by complying with the following: (1) Prepare a report and notice of the movant’s intention to abandon estate property, form available online; (2) Serve the report and notice on all creditors and parties in interest, except: (a) 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 United States trustee’s office. (b) 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 United States trustee’s office. (3) File the report and notice and a certificate of service with the Clerk. (C) The report and notice may be filed on negative notice pursuant to Local Rule 2002-2. Unless an objection is timely filed, the abandonment will be deemed final and no order will be issued.
(A) 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 intention to abandon property, applicable form available online, pre