Local Rule Local Civil Rule 83.2: Sales and Distribution of Proceeds of Sales
E.D. Va. — Civil rule
LOCAL CIVIL RULE 83.2
SALES AND DISTRIBUTION OF PROCEEDS OF SALES
(A) General: All sales shall be made by the United States Marshal or an authorized Deputy United States Marshal in the name of the Marshal and the provisions of Local Admiralty Rule (e)(15) subparagraphs (b) through (e) shall apply except as may be modified in this Local Rule.
(B) Confirmation by Court: All sales shall be subject to confirmation by the Court. The Marshal shall file with the Clerk on the day of sale a report thereof. An interested person may object to the sale by filing written objections with the Clerk within two (2) business days following the sale in conformity with Local Admiralty Rule (e)(15)(c). If no objections are filed, the sale shall stand confirmed unless the Court orders otherwise within said time. If objections are filed within the said two (2) days, the Clerk shall forthwith submit the report and objections to the Court for prompt disposition.
(C) Marshal's Discretion in Certain Instances: The Marshal may decline to knock down a vessel or other property to the highest bidder when the highest bid, in his or her opinion, is grossly inadequate.
(D) Deposit of Sale Proceeds: The proceeds of all sales by the Marshal shall be forthwith paid into the registry of the Court to be disposed of according to law.
(E) Distributions: All distributions of the proceeds of any sale shall be by order of Court.
(F) Certain Maritime Liens: Maritime liens filed before sale, including liens filed by leave of Court at anytime prior to sale, shall be paid first. Maritime liens filed after sale shall be paid last. Liens in each of the foregoing two classes shall preserve their respective rank as among themselves, except in the case of maritime liens of the first class, the order of priority between such liens shall be that those which have accrued within one year prior to the filing of the complaint shall be paid first, and claims which have accrued theretofore shall be paid in the inverse order of the years in which they accrued.