Motion for Turnover
Last Updated: November 26, 2024

An individual debtor may need to obtain the prompt return, from a third party, of tangible personal property - such as an automobile or tools of the trade - in order to produce income to fund a plan or to regain the use of property that may be exempted.

Effective 12/1/2024 a debtor can now proceed by motion to require turnover of such property under § 542(a), and the procedures of Fed. R. Bank. R. 9014 will apply instead of filing an adversary. 

Filing Requirements:

• Motion for Turnover

• Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.

• Proof of Service

• Proposed Order (may be filed after the last day to object has expired)

To File Electronically:

1. Log into CM/ECF.

2. Select [Bankruptcy >  Motions/Applications].

3. Enter the case number (e.g, xx-xxxxx).

4. Select [Turnover] from the event list.

5. Select the party filer.

6. Browse to select the Motion (.pdf file).
   
   Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

7. Enter the last day to object (defaults to 14 days; modify if necessary).

8. Modify the text as appropriate.

9. Verify the final docket text; if correct, click [Next] to submit your document(s).
   
   Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.