Sale of realty generally
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Landmark AuthorityTop 1% most-cited · cited by 228 decisions
228
Citing decisions
6+
Courts citing
Citations by decade
1
5
6
11
25
21
22
24
113
1930s1950s1960s1970s1980s1990s2000s2010s2020s
Courts citing this statute
Most recently cited by10
- 2026Lotus Foods Boston, LLC v. Go Fresh 365, Inc. and Long Deng D. Mass.
- 2026United States v. Christopher Whitman 11th Cir.
- 2026SEC v. Barton 5th Cir.
- 2026Simmons Bank v. Westbranch, LLC; Need Space Westbranch, LLC; Need Space Management, LLC; and Marion U. Threatt, Individually W.D. Tenn.
- 2026Zamber E.D. Mo.
- 2026Huntington National Bank v. Sheridan Propco LLC et al. E.D. Mich.
- 2025United States v. Phillips E.D.N.Y
- 2025United States v. Stoll W.D. Wash.
- 2025JPMorgan Chase Bank, N.A. v. Winget E.D. Mich.
- 2025U.S. Bank National Association, as indenture trustee for VCC 2022MC-1 Trust v. Lottaville Storage, Inc., et al. N.D. Ind.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
Any realty or interest therein sold under any order or decree of any court of the United States shall be sold as a whole or in separate parcels at public sale at the courthouse of the county, parish, or city in which the greater part of the property is located, or upon the premises or some parcel thereof located therein, as the court directs. Such sale shall be upon such terms and conditions as the court directs.Property in the possession of a receiver or receivers appointed by one or more district courts shall be sold at public sale in the district wherein any such receiver was first appointed, at the courthouse of the county, parish, or city situated therein in which the greater part of the property in such district is located, or on the premises or some parcel thereof located in such county, parish, or city, as such court directs, unless the court orders the sale of the property or one or more parcels thereof in one or more ancillary districts. After a hearing, of which notice to all interested parties shall be given by publication or otherwise as the court directs, the court may order the sale of such realty or interest or any part thereof at private sale for cash or other consideration and upon such terms and conditions as the court approves, if it finds that the best interests of the estate will be conserved thereby. Before confirmation of any private sale, the court shall appoint three disinterested persons to appraise such property or different groups of three appraisers each to appraise properties of different classes or situated in different localities. No private sale shall be confirmed at a price less than two-thirds of the appraised value. Before confirmation of any private sale, the terms thereof shall be published in such newspaper or newspapers of general circulation as the court directs at least ten days before confirmation. The private sale shall not be confirmed if a bona fide offer is made, under conditions prescribed by the court, which guarantees at least a 10 per centum increase over the price offered in the private sale. This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency. (Source: (June 25, 1948, ch. 646, 62 Stat. 958; May 24, 1949, ch. 139, § 99, 63 Stat. 104.))