Local Rule LBR 6004: Use, Sale, or Lease of Property

LBR 6004: Use, Sale, or Lease of Property

(a) Descriptions of Real Property. A motion, complaint, or proposed order regarding the use, sale, or lease of real property or liens on such property must include:

(1) the complete legal description in recordable form; and

(2) the common street address.

(b) Report of Sale.

(1) Sale by a Chapter 7 Trustee. The trustee must file a report regarding the sale of all real or personal property, whether tangible or intangible, and serve a copy of the report on the debtor and the United States Trustee. The report must include:

(A) an itemized statement of the property sold;

(B) a list of bidders;

(C) the name of each purchaser;

(D) the price received for each item or lot, or for the property as a whole if sold in bulk;

(E) the date, time, and place of each sale;

(F) a calculation of compensation allowable under the order of appointment of any professional retained to effectuate each sale;

(G) copies of the sale advertisement; and

(H) a summary listing of all sale expenses including advertising expenses, sign expenses, labor, postage, and other mailing expenses.

(2) Sale by a Chapter 13 Debtor. A Chapter 13 debtor who sells real or personal property, whether tangible or intangible, must provide a copy of the closing statement for the sale to the Chapter 13 trustee within 14 days after close.