SALE OF UNENCUMBERED ESTATE PROPERTY

A notice of the sale of unencumbered estate property must state that the property to be sold is not encumbered by any lien, claim, or interest and include the following: (a) if an appraisal has been performed, (1) the appraised value of the asset being sold; (2) the date of the appraisal; and (3) the name and address of the appraiser; (b) if no appraisal has been performed, the scheduled value of the asset being sold; (c) the purchaser’s identity; (d) a full description of any relationship between the purchaser and any party in interest; (e) a statement of all consideration paid and to be paid by the purchaser and the payment terms; (f) a statement of the deadline for the filing of any opposition, which must be no less than twenty-one (21) days after service of the motion, plus any additional time required by Federal Bankruptcy Rules 9006(a) and (f), and computed using the Court Hearing Scheduler Program; (g) a date selected from the Court Hearing Scheduler Program for a hearing for this type of motion; (h) a statement that the motion may be granted and the property may be sold without further notice if a timely objection is not filed; and (i) a statement of all charges and costs to be paid by the estate and all concessions to be made by the estate. Ver. 25.01 (December 1, 2025) 46 RULE 6004-2 SALE OF ENCUMBERED ESTATE PROPERTY - CHAPTER 7, 12, AND 13 ONLY (a) Sale Motions. A motion to sell property of the estate that is encumbered by a lien, claim, or interest in a Chapter 7, 12, or 13 proceeding must include all of the information required in Local Bankruptcy Rule 6004-1(a)-(i) and a description of all liens, claims, or other interests in or against the property (including the nature of the lien, claim, or interest and the balance owed to the holder thereof).

(b) Chapter 13 Case. In a Chapter 13 case in which all claims secured by the property sold are not paid in full at closing on the sale, the debtor must file and serve a notice with the motion that includes the following in the title: “AND SETTING DEADLINE TO FILE, AMEND, OR WITHDRAW PROOFS OF CLAIM.” The notice must set forth the deadline for a lienholder to file, amend, or withdraw any proof of claim, which deadline must be at least twenty-one (21) days after the sale’s closing date.