6004-1(f): Sale of Estate Property: NOTICE OF SALE: Selling Free and Clear
LBR 6004-1(f) provides that our court's "Notice of Sale of Estate Property" must be filed when a debtor or a bankruptcy trustee intends to sell property of the estate. These sales include real property, automobiles, equipment, and miscellaneous property.
- The clerk's office posts these notices on our court's website to publicize upcoming sales. See link below
- A party who is interested in participating in the sale can learn the sale date, who to contact, and the last date to file objections to the sale.
FRBP 6004(c) provides that a motion to sell property free and clear of all interests in the property is a contested matter and, thus, FRBP 9014 applies to serving documents and to the application of other Part VII rules of the FRBP.
NOTE: FRBP 7001(3) provides that an adversary proceeding is requred (instead of a motion) when approval is sought to sell both the estates interest in property and a co-owner's interest in the same property, and approval of the sale is sought pursuant to 11 U.S.C. 363(h) instead of 363(f).