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B-6004-4. SALE BY AUCTION

(a)   “Sale by Auction” Defined

A “sale by auction” is any sale by public auction, with no previously identified initial bidder.

(b)   Contents of Motion

Any Motion to Sell by auction shall identify:

(1)     the property to be sold;

(2)     the name of and contact information for the entity conducting the auction;

(3)     the date, time, and place of the sale, if known, or instructions on how that information can be obtained;

(4)     any bid procedures proposed for the sale, even if those bid procedures were previously disclosed in an application to employ an auctioneer;

(5)     a disclosure if the property to be sold contains personally identifiable information and, if so, the measures that will be taken to comply with 11 U.S.C. §363(b)(1); and

(6)     the names of the lien or interest holders to the extent such names are known, if the proposed sale seeks to sell property free and clear of liens or other interests pursuant to 11 U.S.C. § 363(f).

(c)   Notice

Unless the Court by separate order shortens the notice period, the movant shall distribute notice that provides twenty-one (21) days after the date of service for objections to be filed.  The notice shall provide the information required by subparagraph (b) of this rule.  The movant shall also file a certificate of service that complies with S.D.Ind. B-9013-2.  The motion, notice, and certificate of service may be combined into one document.  A sample combined Motion to Sell, Notice, and Certificate of Service is available on the Court’s website.

(d)   Report of Sale

Unless otherwise ordered by the Court, no later than fourteen (14) days after an auction, the auctioneer or the party that filed the application to employ the auctioneer shall file the report pursuant to Fed.R.Bankr.P. 6004(f)(1).