Effective as of December 1, 2013, all sales of estate property by a trustee, debtor or debtor in possession must be initiated by motion, rather than notice of intent to sell. The motion (and proposed order) must specify the subsection of 11 U.S.C. 363 under which the sale is made 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) now require a filing fee to be paid when the motion is docketed. Movants must use the correct docketing event, and pay the fee if required, when filing section 363 sale motions or the motion will not be processed. Movants are no longer required to submit a proposed notice of intent to sell or to include in the pleading blank spaces for the objection date.
Wednesday, December 4, 2013