6004-1. MOTIONS TO SELL FREE OF LIENS

6004-1. Motions to Sell Free and Clear of Liens.

(a) Procedure. A motion to sell free and clear of liens under 11 U.S.C. § 363(f) shall identify by name, immediately below the caption, the lienholders whose property rights are affected by the motion. The affected lienholders shall be served with a complete set of moving papers pursuant to Bankruptcy Rule 7004(b).

(b) Supporting Papers. The motion shall be supported by the declaration of an individual competent to testify which sets forth the factual basis demonstrating that the moving party comes within 11 U.S.C. § 363(f)(1)-(5). The motion shall identify which subsection of 11 U.S.C. § 363(f) the moving party comes within.

(c) Motions to Sell Property. A motion to sell the subject property may be combined with a motion to sell free and clear of liens. Notice of a motion to sell property shall be given to those specified in Bankruptcy Rule 2002(a).

(d) Form of Order. The order granting a motion to sell free and clear of liens shall specify each lienholder whose interest is to be affected by the order.


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