Effective as of December 1, 2013, all sales of estate property by a trustee must be initiated by motion, rather than notice of intent to sell. If a Motion to Sell is pursuant to 11 U.S.C. 363(f), then the motion (and proposed order) must specify that subsection and should state whether or not the proposed sale is free and clear of liens and other interests in the property. Free and clear sales under subsection (f) require a filing fee to be paid. Effective January 28, 2014, a trustee may defer the payment of the filing fee. A separate motion must be filed requesting the fee be deferred until sale proceeds are received. Trustees must use the correct case filing event when filing section 363(f) sale motions or the motion will not be processed. Trustees are no longer required to submit a proposed notice of intent to sell when filing the Motion, unless a notice is requested by the clerk's office.
Tuesday, January 28, 2014