Notice of a Proposed Sale by Trustee or Debtor in Possession.

P a g e | 52 joined by creditor, debtor, and trustee, if any, may be filed, together with a proposed order, and an order shall be issued without a hearing. Comments: Related Authority: 11 U.S.C. § 365 Fed. R. Bankr. P. 6003, 6006, 9014 Debtor, debtor’s attorney, trustee, if any, U.S. Trustee, any affected creditor, and parties requesting special notice should be served with the motion. In a Chapter 11 case, in addition to the above entities, any appointed committees, or if no committees are appointed, then to creditors listed under Fed. R. Bankr. P. 1007(d) should be served with the motion. It should be noted that Fed. R. Bankr. P. 6003 now provides that within 21 days after the filing of a petition, the Court shall not grant relief regarding a motion to assume or assign an executory contract or unexpired lease in accordance with 11 U.S.C. § 365, except to the extent that relief is necessary to avoid immediate and irreparable harm.

The Court can make the order approving the motion retroactive to the date of its filing.