Motion to Sell Property Free and Clear of Liens 363(f)

Official Procedure - Last Updated: November 20, 2023

References

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Bankruptcy>Motions/Applications (Bk)
Event

Motion to Sell Property Free and Clear of Liens 363(f)
Rules / Code / Resources

Fed.R.Bankr.P.

11 U.S.C. ยง 363(f)

Local Rule

 

11/20/2023 - updated format, added link to Fee Schedule under Background.

Date Description
11/20/2023 Updated format, added link to Fee Schedule under Background.
02/27/2015 Added "and Shorten Notice" reminder.
09/18/2014 Added noticing question, step 9.
11/22/2013 Created

Background:

Section 363(f) of the Code permits the sale of property free and clear of liens. It is important to use this event as it impacts the accuracy of the docket and statistics are collected at the national level for Congress.

Refer to Schedule of Fees for Filing Fee requirements.

Effective September 18, 2014, a question regarding shortening notice was added to the event. If answered, Yes, the docket entry will include the text, Shorten Notice.  

**Please be sure the title of your Motion and Proposed Order matches the docket text.

 

Step by Step Procedures:

  1. Select Bankruptcy or Adversary > Motions/Applications

  2. Enter the Case Number

    • Click Next

  3. Verify you are docketing on the correct case

  4. Select Sell Property Free and Clear of Liens 363(f) from the pick list

    • Click Next

  5. Select the Party from the party pick list or Add/Create new party

    • Click Next

    The Attorney/Party Association screen may display.  If it does, click here.

    • Click Next

  6. A will display: 

    IMPORTANT! ONLY use this event if you are filing a Motion to Sell Property Free and Clear of Liens 363(f).

    • Click Next

  7. The will display.

    Description of property:

    		 308 165 ST City, State

    • Type a short description of the property

    • Click Next

  8. The Shorten Notice screen will display

    • Select a radio button

    • Click Next

  9. If the no radio button was selected, go to step 10

    If the yes radio button was selected, a will display.  

    You selected Yes to Shorten Notice. Please be sure the title of your motion and proposed order include and Shorten Notice.

    • Click Next

  10. The PDF screen will display

  11. The Hearing screen will display

    • Insert Hearing Date, Time, and Location

    • Click Next

  12. The Modify Text screen will display.

    If applicable, you may make a selection from the prefix dropdown box.

  13. Example #1

    Radio Button Yes chosen in Step 8:

    Notice of Motion and Motion to Sell Property Free and Clear of Liens 363(f) - (Description of property). and Shorten Notice Fee Amount $176, Filed by (name) on behalf of (name). Hearing scheduled for 9/22/2014 at 10:00 AM at 219 South Dearborn, Courtroom 719, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

    Example #2

    Radio Button No chosen in Step 8

    Notice of Motion and Motion to Sell Property Free and Clear of Liens 363(f) - (Description of property). Fee Amount $176, Filed by (name) on behalf of (name). Hearing scheduled for 9/22/2014 at 10:00 AM at 219 South Dearborn, Courtroom 719, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

    This is your final opportunity to modify the entry before submitting the filing.

    • Verify the accuracy of the docket text

    • Click Next to complete the filing process

    Electronic Payment

  14. The summary of current charges will display.

    Select one of the two options Pay Now or Continue Filing

    The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

    Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.