Motion to Sell

Last Updated: April 24, 2019

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)*
    
    * See FRBP 6004(c); 4003(d); 9014 and 7004 for unique service requirements on parties who have liens or other interests in the property subject to lien avoidance or subject to sale free and clear of liens.

• Notice of Motion with 21 day objection period. Notice is sent to all creditors. Rule 2002(a)(2)

• Proof of Service

• No proposed order necessary.

• 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/U.S. 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.