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

(a)   Adversary Required

A 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 under Fed.R.Bankr.P. 7001(3) and 11 U.S.C. §363(h) shall request only the authority to sell property co-owned by the estate and another entity. 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, the party seeking the sale shall file a Motion to Sell under 11 U.S.C. §363 and S.D.Ind. B-6004-1 through 6004-4, as applicable. 

(d)   Adversary Proceeding Excused

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