DEFERRAL OF FILING FEES DUE FROM TRUSTEE
U.S. Bankruptcy Court for the Southern District of Indiana
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The Clerk shall defer the filing fee in an adversary proceeding if the trustee certifies that the estate lacks the funds necessary to pay a filing fee. If the estate later receives funds, the trustee shall pay the fee no later than the date the trustee makes distribution to creditors. 48 | P a g e B-6004-1. SALE OF ASSETS OUTSIDE THE ORDINARY COURSE UNDER 11 U.S.C. §363: GENERALLY (a) Applicability of Local Rule This rule applies to any motion to approve the sale of assets, outside the ordinary course of business, under 11 U.S.C. §363 (the “Motion to Sell”).
This rule, and S.D.Ind. B-6004-2 through B-6004-4, do not apply to sales proposed as part of a Chapter 11 or 12 plan. (b) Employment and Compensation of Professionals Unless S.D. Ind. B-2012-2 applies, the movant shall file a separate application to employ, and a separate application to compensate, any broker, auctioneer, or other professional to be retained to assist with any sale.
The retention of liquidators, auctioneers, and appraisers is also governed by S.D.Ind. B-6005-1. No payment shall be made to any professional before the Court has entered an order approving compensation and reimbursement of expenses. (c) Sale of Co-Owned Property A party proposing to sell co-owned property shall satisfy the requirements of S.D.Ind.
B- 7001-2. (d) Procedure; Contents of Motion; Notice A Motion to Sell shall comply with S.D.Ind. B-6004-2 through B-6004-4, depending on the type of sale, unless the Court orders otherwise and shall state whether the movant seeks a waiver of the 14-day stay of the sale order’s effective date under Fed.R.Bankr.P. 6004(h).