Motion to Sell
11 U.S.C. 363 Event: Bankruptcy > Motions/Applications > Sell Property Free and Clear of Liens under Section 363(f) or Sell Property under Section 363(b) or Sell Property (other than 363(b) or (363(f)) |
Filing Requirements:
- Motion to Sell
- Notice of Motion giving 21 days to object if it is out of the ordinary course of business. Notice is sent to all creditors. Rule 2002(a)(2)
- $199.00 Filing Fee - required if filing a Motion Sell Property Free and Clear of Liens under Section 363(f).
- Proof of Service
- Proposed Order (may be filed after the last day to object has expired)
Cases assigned to Judge Furay: When drafting the proposed order, add the following language on all Proposed Orders to Sell Free and Clear of Liens: "...free and clear of liens and encumbrances with liens to attach to the proceeds of the sale..." - OR
- Notice of Intent to Sell (if under $2,500) and Proof of Service
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications]. Trustees will select [Trustee/US Trustee].
- Enter the case number (e.g, xx-xxxxx).
- Select [Sell Property Free and Clear of Liens under Section 363(f)] or [Sell Property under Section 363(b)] or [Sell Property (other than 363(b) or (363(f))] from the event list.
Note: To accurately report statistics to Congress, it is crucial that the correct event is selected. - Select the party filer.
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Browse to select the Motion (.pdf file).
Note: The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF. - Enter the last day to object (defaults to 21 days; modify if necessary).
Note: Remove this date if you are not filing a Notice at this time. - Motion to Sell Property Free and Clear of Liens - To pay via credit card, leave the receipt field blank and select NEXT to continue filing. Court will enter payment type, (e.g., "check," "cash," or "cc").
- Modify the text as appropriate.
- Verify the final docket text; if correct, click [Next] to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case. - Electronically file the Proposed Order. Instructions