Local Rule 6004-2: USE, SALE OR LEASE OF PROPERTY
Bankr. E.D. Va. — Civil rule
RULE 6004-2 USE, SALE OR LEASE OF PROPERTY
(A) Notice: Notice of a proposed use, sale or lease of property other than in the ordinary course of business, shall be given by the proponent of the notice, and the original notice and proof of service shall be filed with the Court. The notice shall comply with FRBP 2002(a)(2) and FRBP 2002(c)(1).
(B) Objection to Proposed Use, Sale or Lease: An objection to a proposed use, sale or lease, other than in the ordinary course of business, shall be filed with the Court and served upon the proponent of the action within the time permitted under LBR 9013-1(G)(3).
(C) Sale of Property When Value of Estate Does Not Exceed $2,500: The trustee or debtor in possession may give general notice of intent to sell property when all of the non-exempt property of the estate has an aggregate gross value of less than $2,500. Such notice may be given at the meeting of creditors, and the Clerk is to provide notice in the meeting of creditors notice that this procedure may be followed. An objection to such sale must be filed by a party in interest and served upon the proponent of the sale not later than 14 days after the meeting of creditors. The party objecting shall select a hearing date on the objection and serve a notice of hearing.
(D) Report of Sale: The trustee or debtor in possession shall file with the Court a report of any sale of estate property outside the ordinary course of business. The report shall be filed within 30 days' after the sale with service on the United States trustee.
Comments 6004-2 Time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]
6004-2(B) To avoid conflict between this rule and Rule 9013-1, the amendments delete the objection period in favor of a reference to amended Rule 9013-1. The amendments further clarify that the movant, rather than an objecting party, must schedule the motion for hearing. [Changes effective 08/01/23.]
6004-2(C) This paragraph is amended to clarify the objecting party must select a hearing date and schedule same. The requirement to include proof of service is deleted as such is required with all pleadings, including responsive pleadings. [Change effective 08/01/23.]