Use, Sale, or Lease of Property

U.S. Bankruptcy Court for the Western District of Michigan

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of Michigan

Rule: 6004

Jurisdiction: WDMIB

Bluebook Citation: Bankr. W.D. Mich. L.Cr.R. R. 6004

All Rules: Bankr. W.D. Mich. L.Cr.R. Local Bankruptcy Rules, complete index


Text

(a) Descriptions of Real Property. A motion, complaint, or proposed order s regarding the use, sale, or lease of real property or liens on such property must include: (1) the complete legal description in recordable form; and (2) the common street address. (b) Report of Sale. (1) Sale by a Chapter 7 Trustee.

The trustee must file a report regarding the sale of all real or personal property, whether tangible or intangible, and serve a copy of the report on the debtor and the United States Trustee. The report must include: (A) an itemized statement of the property sold; (B) a list of bidders; (C) the name of each purchaser; (D) the price received for each item or lot, or for the property as a whole if sold in bulk; (E) the date, time, and place of each sale; 28 (F) a calculation of compensation allowable under the order of appoint- ment of any professional retained to effectuate each sale; (G) copies of the sale advertisement; and (H) a summary listing of all sale expenses including advertising expenses, sign expenses, labor, postage, and other mailing expenses. (2) Sale by a Chapter 13 Debtor. A Chapter 13 debtor who sells real or personal property, whether tangible or intangible, must provide a copy of the closing statement for the sale to the Chapter 13 trustee within 14 days after close.

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