Local Rule RULE 6004-1: SALE OF ESTATE PROPERTY

RULE 6004-1. SALE OF ESTATE PROPERTY A.Notice of Use, Sale, or Lease of Property Not in the Ordinary Course of Business.

1.Local Rule 9013-1 does not apply to a notice of proposed use, sale, or lease of property made pursuant to Bankruptcy Rule 6004(a).

2.The notice of proposed use, sale, or lease of property not in the ordinary course of business shall include the information set forth in Bankruptcy Rule 2002(c)(1). If a date of the proposed action is included in the notice, the notice shall also include the following statement in a separate paragraph: "Objections to the proposed action [use, sale, lease] of the above-described property must be filed and served not less than seven (7) days before the date set for the proposed action. If no objection is timely filed or served, the proposed action may be taken without further notice or hearing." The notice of proposed use, sale, or lease of property not in the ordinary course of business shall be served in accordance with Bankruptcy Rule 6004(a) and, if applicable, Bankruptcy Rule 2002(d)(3).

B.Sale Free and Clear of Liens and Other Interests.

1.Local Rule 9013-1 does not apply to a motion for authority to sell personal property free and clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c) or to objections thereto. The motion shall be accompanied by a separate Local Form 20A, Notice of Deadline to File Objections and Notice of Hearing required by Bankruptcy Rules 6004(a), 2002(c)(1) and 6004(c). If no objection is timely filed or served, the Court may strike the hearing and grant the requested relief without further notice or a hearing.

2.Local Rule 9013-1 does apply to a motion for authority to sell real property free and clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c) or to objections thereto. The motion shall be accompanied by a separate Local Form 20C, Notice of Motion, Notice of Deadline to File Objections and Notice of Hearing required by Bankruptcy Rules 6004(a) and (c) and 2002(c)(1). A hearing will be held even if no objection is timely filed.

3.The notice shall be served pursuant to Bankruptcy Rule 6004(a) and (c), and, if applicable, Bankruptcy Rule 2002(d)(3). Service of the motion and the notice shall be accomplished the same date as the filing of the motion and notice, and any certificate of service shall be filed the same date. See Local Rule 2002-1(E).