You are here

B-7001-2. COMPLAINTS TO OBTAIN APPROVAL OF SALE OF CO-OWNED PROPERTY

(a)   Adversary Required

Any sale of property co-owned by an entity other than the Debtor requires an adversary proceeding, unless excused by subparagraph (d) of this rule. 

(b)   Relief Requested

A complaint filed pursuant to Fed.R.Bankr.P. 7001(4) and 11 U.S.C. §363(h) shall request only the authority to sell property co-owned by the estate and another entity or entities. The complaint shall not seek approval of any terms of sale. 

(c)   Motion to Sell Required 

If the Court authorizes the sale of co-owned property, then the party seeking the sale shall file a Motion to Sell pursuant to 11 U.S.C. §363 and Local Rules B-6004-1 through 6004-5, as applicable. 

(d)   Adversary Proceeding Excused

If the party seeking the sale obtains the consent of all co-owners, then an adversary proceeding is not required and a Motion to Sell can be filed. Co-owner consent shall be shown by affidavit, and all affidavits shall be attached as exhibits to the Motion to Sell.