Local Rule 6004-1: Sale of Estate Property
Bankr. E.D. Wash. — General rule
Rule 6004-1 Sale of Estate Property
(a) Notice and Hearing Required A sale pursuant to § 363(b) of the Code, including a sale free and clear of any interest of an entity other than the estate, is initiated by notice and hearing and is subject to LBR 2002-1. An action to determine the validity, priority, or extent of any interest of an entity other than the estate shall be brought separately as an adversary proceeding.
(b) Sale Free and Clear of Interests
(1) If the property is to be sold free and clear pursuant to § 363(f) of the Code, the notice of the motion shall so state and include the following information:
(A) The date and time of the hearing on the motion, which may be obtained from the court's website;
(B) If no objection is timely filed and served, the moving party may strike the hearing and present ex parte a proposed order;
(C) The estimated fair market value of the property without deductions for interest of entities other than the estate;
(D) The amount of each lien or encumbrance claimed against the property and the paragraph of § 363(f) of the Code under which the sale is authorized;
(E) If the proceeds of the sale appear to be insufficient to pay all liens and encumbrances claimed against the property, the liens and encumbrances which may not be paid from the sale proceeds; and
(F) A statement specifying the necessity for the sale.
(2) All interests in property sold free and clear shall attach to the proceeds of the sale, unless otherwise provided in the notice.
(c) Service Service of the notice shall be pursuant to FRBP 6004(c).
(d) Order The proposed order shall be filed in accordance with LBR 9013-1(c).
Related Provisions FRBP 2002(a)(2),(c)(1) Notices of Sale FRBP 6004 Use, Sale, or Lease of Property FRBP 7004 Service FRBP 9014 Contested Matters 11 USC 363 Use, Sale, or Lease of Property 11 USC 1107 Rights and Duties of Debtor in Possession 11 USC 1206 Sales of Property 11 USC 1303 Rights and Powers of Debtor 28 USC 1746 Unsworn Declaration Under Penalty of Perjury