Local Rule Rule 6004-1: Use, Sale or Lease of Estate Property Other Than Cash Collateral

Rule 6004-1 Use, Sale or Lease of Estate Property Other Than Cash Collateral

(a) Use, Sale or Lease By Notice. Except for the use of cash collateral, use, sale or lease of property of the estate must be effected in accordance with § 363, F.R.Bankr.P. 2002 and F.R.Bankr.P. 6004. The notice of use, sale or lease must be served by the trustee or debtor in possession as the case may be. The notice must include a statement that the deadline for filing an objection is 14 days from the date the notice is served. Neither a court proceeding nor an order is necessary to authorize the transactions set forth in the notice unless an objection is timely filed and is not formally withdrawn. The 14 day period in this subpart begins to run contemporaneously with the 21 day notice in F.R.Bankr. P. 2002(a)(2).

(b) Sale By Motion. A motion for authority to sell property free and clear of liens and other interests under F.R.Bankr.P. 6004(c), with liens and interests transferred to the proceeds of the sale, must be filed under Local Rule 9014-1 with service to all parties required under F.R.Bankr.P. 2002 and to all parties who have an interest in the property that is proposed to be sold. The movant must file a certificate of service.

(c) Approval of Sale Procedures. A motion for approval of procedures for the sale of assets must be filed with a completed form "Cover Sheet for Motion to Approve Sale Procedures," available on the court's website. If a cover sheet is not filed as required, the court may enter an order striking or denying the motion without prejudice to the movant's right to refile the motion in compliance with this rule.