Local Rule LR 8.06 / LR 6004-1: Use, Sale, or Lease of Property Other than in the Ordinary Course of Business
Bankr. S.D. W.Va. — General rule
(a) Sale of Unencumbered Property The seller is required to prepare and file a twenty (20) day negative notice which contains terms in compliance with Bankruptcy Rule 2002(c)(1). The Clerk shall serve the notice in accordance with Bankruptcy Rule 2002(a)(2).
(b) Sale Free and Clear of Liens and Other Interests A sale free and clear of liens and other interests requires the filing of a motion by the movant. The movant shall serve the motion on parties who have liens or other interests in the property to be sold. The movant may either file a twenty (20) day negative notice with the motion or request in the motion that the matter be set for hearing. If the movant selects the former option, he must prepare a twenty (20) day negative notice which contains the terms required by Bankruptcy Rule 2002(c)(1) and contains blanks for a hearing date, time, and place if an objection or request for hearing is filed. The Clerk shall serve the notice in accordance with Bankruptcy Rule 2002(a)(2).
Cross reference 11 U.S.C. §363(b) Bankruptcy Rule 6004 Bankruptcy Rules 2002(a), (c) and (i); 9014 Local Rules 9013(d)(2) and (3)