Use, Sale, Lease or Prohibit or Condition of Property

Rev. 05/10/19
MOTION SALE
USE, SALE, LEASE OR PROHIBIT OR CONDITION OF PROPERTY UNDER SECTION 363(b)
 
Overview:
 

When a proposed use, sale, or lease of property is upon notice or motion (unless subject to the exceptions in F.R.B.P. 6004(d) or L.B.R. 9075-1), the motion must be filed in conformity with F.R.B.P. 9014 and must be accompanied by a Notice of Sale (prepared by Movant) which conforms in content to L.B.R. 6004-1(c). Property of the estate cannot be sold without a general notice pursuant to U.S.C. Section 363. The Sale Notice must be prepared and served in accordance with LBR 6004-1(c) & (d) and a certificate of service must be filed evidencing service on all creditors and applicable parties per L.B.R. 9013-3.

If a sale is to be conducted by an auctioneer or realtor, they must be appointed by court order and their compensation must be fixed.

For Public Sales in Chapter 11 cases (Not conducted by a professional auctioneer) and Bidding Procedures please see L.B.R. 6004-3 and see the procedure on Motion to Approve Sale Bidding Procedures. For special sale provisions in Chapter 11 cases, such as Breakup/Topping Fees and Expense Reimbursement, Sales to Insiders, Agreements with Management, Tax Exemption, and Relief from F.R.B.P 6004(h), please see L.B.R.s 6004-1(a through e).

This filing should be accompanied by the Motion/Pleading, Notice of Motion, and a Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

For order format, please see Proposed Orders
 
 
Codes, Rules and Forms:

Bankruptcy Code:

363(b)

Bankruptcy Rule:

6004

Local Rule:

6004-1

Local  Form:

None
 
CM/ECF Event(s):
 
            Motions/Applications, Use, Sale, Lease or Prohibit or Condition of Property
            Miscellaneous, Notice of Use, Sale, Lease or Prohibit or Condition of Property
 
 
I.     Noticing:
 

       A.       Type:                    Notice of Sale prepared and filed by movant which conforms in content and format with LBR 6004-1(c). 
                                              The last day to object is not less than twenty-one (21) days after the notice is mailed.

       B.       Who Serves:        Movant -- Court if filed by Trustee or UST

       C.       Service:               Matrix, T, UST, COMM, US FRBP 2002(j) and all holders of liens or encumbrances against the property (L.B.R. 6004-1(d))