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Motion to Sell
Motion to Sell
Home Filing Documents - Attorney/Court Motions/Applications

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11 U.S.C. 363
Fed. R. Bank. P. 2002(a)(2), 6004

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:

  1. Log into CM/ECF.
  2. Select [Bankruptcy > Motions/Applications]. Trustees will select [Trustee/US Trustee].
  3. Enter the case number (e.g, xx-xxxxx).
  4. 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.
  5. Select the party filer.
  6. 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.
  7. 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.
  8. 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").
  9. Modify the text as appropriate.
  10. 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.
  11. Electronically file the Proposed Order. Instructions
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