(a) “Sale by Auction” Defined
A “sale by auction” is a sale by public auction, with no previously identified initial bidder.
(b) Contents of Motion
A Motion to Sell by auction shall identify:
(1) the property to be sold;
(2) the amount of a claimed exemption in the property;
(3) the name of and contact information for the entity conducting the auction;
(4) the date, time, and place of the sale, if known, or instructions on how that information can be obtained;
(5) any bid procedures proposed for the sale;
(6) 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
(7) if the proposed sale seeks to sell property free and clear of liens or other interests under 11 U.S.C. §363(f), the names of the lien or interest holders.
The movant shall provide a 21-day Objection Notice of the Motion to Sell, unless the Court orders otherwise. The notice shall provide the information required by subparagraph (b) of this rule. The movant shall also file a Certificate of Service. The motion, notice, and Certificate of Service may be combined into one document, a sample of which is available on the Court’s website.
(d) Report of Sale
The auctioneer or the party that filed the application to employ the auctioneer shall file a report of sale under Fed.R.Bankr.P. 6004(f)(1) within 14 days of the later of the completion of a sale under this rule or the last scheduled sale date, should the transaction fail to close, unless the Court orders otherwise.