Local Rule RULE 6004-3: CHAPTERS 12 AND 13 – SALE OR OTHER DISPOSITION OF ESTATE PROPERTY
Bankr. N.D.N.Y. — General rule
RULE 6004-3 CHAPTERS 12 AND 13 – SALE OR OTHER DISPOSITION OF ESTATE PROPERTY
(a) Disposition of Real Property. The debtor shall file a motion for approval of the sale of real property after a contract of sale is procured. The motion shall be on notice to all parties in interest, all potential bidders, and the trustee. In addition to the requirements of LBR 6004-1(c), the motion shall state the following:
(1) Whether the debtor's plan has been confirmed;
(2) Whether the property is the debtor's residence;
(3) Notwithstanding LBR 6004-1, the motion shall provide an itemized valuation of all property to be sold together with the basis for each valuation and whether the property has been appraised and, if so, when, and by whom;
(4) The approximate amount of unpaid real estate taxes;
(5) The name of any realtors and the proposed real estate commission;
(6) The approximate amount of the sale proceeds to be paid into the plan; and
(7) Whether the plan provides for a sale.
(b) Exhibits. A copy of the contract shall be provided as an exhibit.
(c) Statement of Sale. The debtor shall provide the trustee with a copy of the statement of sale not later than seven (7) days after the closing of the sale. In the event the sale does not close, the debtor shall notify the trustee promptly.
(d) Fees. Fees to be paid to any professional attendant to the sale of real property including, without limitation, a real estate agent, a broker, and the debtor's real estate attorney must be approved by the Court prior to payment.
(e) Disposition of Real or Personal Property Valued at Less Than $2,500. To sell or otherwise dispose of real or personal property with a value of $2,500 or less, the debtor shall make written application to the trustee and any other creditor with a lien on the property. The debtor shall not file the application. If approved by the trustee, the debtor may dispose of or sell the property in accordance with the terms and conditions approved by the trustee. The trustee shall file the approval and application. If not approved by the trustee, the debtor may file a motion to dispose of or sell property of the estate and the motion shall contain as an attachment a copy of the trustee's denial. The motion shall be on notice to all parties in interest.