Motion to Sell

Last Updated: June 5, 2014

Filing Requirements:

    • Motion to Sell

    • Motion for Sale of Property under 11 U.S.C. 363(b)

    • Motion to Sell Property Free and Clear under Section 363(f)

  • Notice of Motion with 21 day objection period. Notice is sent to all creditors.

  • Proof of Service

  • Proposed order Instructions.

  • Filing Fee (fee due for Motion to Sell Property Free and Clear under Section 363(f) only

    [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930].


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications] or [Bankruptcy > Trustee/US Trustee].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select one of the following events:

    [Sell] or
    [Sell Property Free and Clear under Section 363(f)] or
    [Sale of Property under Section 363(b)]

    from the event list.

    Note: To accurately report statistics to Congress, it is crucial that the correct event is selected.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Enter a "y or n" if the notice and proof of service are included with the motion and enter description of property to be sold.
    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.

  8. Enter date served.

  9. Browse to select the Motion (.pdf file).

  10. Modify the text as appropriate.

  11. 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.

  12. Submit proposed order. Instructions.

  13. Place document(s) in file/chron box.

 

 

 

 

 

 

11 U.S.C.: 363
FRBP: 2002(a)(2), 6004