This rule provision is amended to conform to the current
U.S. Bankruptcy Court for the Eastern District of Virginia
Text
version of LBR 9022-1. [Change effective 08/01/23.] RULE 6004-2 USE, SALE OR LEASE OF PROPERTY (A) Notice: Notice of a proposed use, sale or lease of property other than in the ordinary course of business, shall be given by the proponent of the notice, and the original notice and proof of service shall be filed with the Court. The notice shall comply with FRBP 2002(a)(2) and FRBP 2002(c)(1). (B) Objection to Proposed Use, Sale or Lease: An objection to a proposed use, sale or lease, other than in the ordinary course of business, shall be filed with the Court and served upon the proponent of the action within the time permitted under LBR 9013-1(G)(3). (C) Sale of Property When Value of Estate Does Not Exceed $2,500: The trustee or debtor in possession may give general notice of intent to sell property when all of the non-exempt property of the estate has an aggregate gross value of less than $2,500.
Such notice may be given at the meeting of creditors, and the Clerk is to provide notice in the meeting of creditors notice that this procedure may be followed. An objection to such sale must be filed by a party in interest and served upon the proponent of the sale not later than 14 days after the meeting of creditors. The party objecting shall select a hearing date on the objection and serve a notice of hearing. (D) Report of Sale: The trustee or debtor in possession shall file with the Court a report of any sale of estate property outside the ordinary course of business.
The report shall be filed within 30 days’ after the sale with service on the United States trustee. Comments