Motion to Use Sell or Lease Property 363(b)

Last Updated: February 27, 2015

02/27/15-added "and Shorten Notice" reminder

09/18/14-added noticing question, Step 9

Created: November 22, 2013

 

 

Background

Section 363 (b) of the Code permits the use, sale or lease of the property of the estate, other than in the ordinary course of business. 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.

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 Use Sell or Lease Property 363(b) 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! Do NOT use this event if you are filing a Motion to Sell Property Free and Clear of Liens 363(f). Please go back and select event Sell Property Free and Clear of Liens 363(f) from the motion category.

    • 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. Click Next

     

  13. The will display

    Example #1,

    Radio button Yes selected in Step 8: 

    Notice of Motion and Motion to Use Sell or Lease Property 363(b) - (Description of Property). and Shorten Notice Filed by Attorney Testing on behalf of Linda Jean Williams. Hearing scheduled for 9/22/2014 at 10:00 AM at 200 S. Michigan Avenue, Suite 1300, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

     

    Example #2,

    Radio button No selected in Step 8:

    Notice of Motion and Motion to Use Sell or Lease Property 363(b) - (Description of Property). Filed by Attorney Testing on behalf of (name). Hearing scheduled for 9/22/2014 at 09:30 AM at 219 South Dearborn, Courtroom 682, 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

     

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.