Rule 6004-1 Use, Sale, or Lease of Property.

(a)     Sale on Notice.  A sale of assets, other than in the ordinary course of business, under and subject to liens, may be conducted, on notice, pursuant to 11 U.S.C. § 363(b).  The notice of sale is subject to the notice requirements of this Rule.

(b)     Sale Upon Motion.  Any sale on motion is subject to the notice requirements of this Rule.  Any motion for a free and clear sale is subject to the notice requirements of this Rule and to the additional requirements of L.B.R. 6004-5.

(c)     Sale Notices.  When the proposed use, sale, or lease of property is upon notice or motion (unless subject to the exceptions in F.R.B.P. 6004(d) or L.B.R. 9075-1), the required notice must include:  

          (1)     the caption of the case;

          (2)     the name and address of the seller;

          (3)     the place, date, and time of the sale;

          (4)     the hearing date;

          (5)     a general description of the property to be sold;

          (6)     a statement describing where a complete description or inventory of the property may be obtained or examined;

          (7)     the place, date, and time the property may be examined prior to the sale or an explanation of how a prospective buyer may be afforded an opportunity to examine the property prior to the sale;

          (8)     the terms and conditions of sale, including the terms of any pending offers, or minimum bid requirements, or breakup fee provisions;

          (9)     whether the sale is subject to higher and better offers;

          (10)     in any private sale, the identity of the purchaser and any affiliation or relationship with the debtor or an insider of the debtor;

          (11)     whether the sale will be advertised and, if so, how and when;

          (12)     the last date by which objections to the sale must be filed with the court - which must be not less than twenty-one (21) days after the notice is mailed, unless the court shortens the time under F.R.B.P. 9006; and

          (13)     a statement that inquiries regarding the sale should be directed to the seller or their counsel or agent and not to the clerk.

(d)     Service.  Unless the court directs otherwise, and unless service is made electronically through the ECF system, the notice of sale must be served on the following:

          (1)     the debtor;

          (2)     the trustee, if any;

          (3)     indenture trustees, if any;

          (4)     all creditors;

          (5)     all committees appointed under the Bankruptcy Code, if any;

          (6)     the United States trustee;

          (7)     the United States as required by F.R.B.P. 2002(j); and

          (8)     all holders of liens or encumbrances against the property.

(e)     Address for Service.  Service of a notice of sale must be made at the address set forth in any request for notices filed under F.R.B.P. 2002(g)(1). If a request has not been filed, the notice must be served under F.R.B.P. 2002(g)(2) unless a different address is listed in a late r-filed proof of claim. In the latter instance, the address stated in the proof of claim must be used.

Part: 
Part VI - Collection and Liquidation of the Estate