Part Six. Collection And Liquidation Of Estate

6004-1. Motions to Sell Free and Clear of Liens.

(a) Procedure. A motion to sell free and clear of liens under 11 U.S.C. § 363(f) shall identify by name, immediately below the caption, the lienholders whose property rights are affected by the motion. The affected lienholders shall be served with a complete set of moving papers pursuant to Fed. R. Bankr. P. 7004(b). Service of the moving papers, and any opposition or reply shall be made in accordance with B.L.R. 9014-1.

(b) Supporting Papers. The motion shall be supported by the declaration of an individual competent to testify which sets forth the factual basis demonstrating that the moving party comes within 11 U.S.C. § 363(f)(1)-(5). The motion shall identify which subsection of 11 U.S.C. § 363(f) the moving party comes within.

(c) Motions to Sell Property. A motion to sell the subject property may be combined with a motion to sell free and clear of liens. Notice of a motion to sell property shall be given to those specified in Fed. R. Bankr. P. 2002(a).

(d) Form of Order. The order granting a motion to sell free and clear of liens shall specify each lienholder whose interest is to be affected by the order.

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6006-1. Motions to Assume or Reject Executory Contracts.

(a) Assumption and Rejection. A motion to assume, reject or assign an executory contract or unexpired lease shall be on notice to: (1) the other contracting parties and to those entities entitled to receive notice under the terms of the contract or lease; (2) the non-insider creditors that hold the 20 largest unsecured claims or to the creditors committee, if one has been appointed; and (3) any party who has requested notice pursuant to Fed. R. Bankr. P. 2002. Notwithstanding the foregoing, a Chapter 7 Trustee may move to reject an unexpired lease of nonresidential real property where the debtor is the tenant on 24 hours notice given only to the other party to the lease, and such motions will normally be considered by the Court without a hearing.

(b) Performance of Obligations. Unless the Court orders otherwise, any motion to compel performance of a lease of non-residential real property or extend the time for performance under 11 U.S.C. § 365(d)(3) shall be on notice to: (1) all other parties to such lease; (2) the non-insider creditors that hold the 20 largest unsecured claims or the creditors' committee, if one has been appointed; and (3) any party who has requested notice pursuant to Fed. R. Bankr. P. 2002.

(c) Extensions. Unless the Court orders otherwise, any motion under 11 U.S.C. § 365(d)(4) to extend the 60 day period to assume or reject an unexpired lease of real property shall be on notice only to: (1) the other contracting parties and to those entities entitled to receive notice under the terms of the contract or lease; (2) the non-insider creditors that hold the 20 largest unsecured claims or the creditors' committee, if one has been appointed; and (3) any party who has requested notice pursuant to Fed. R. Bankr. P. 2002(i).

Cross Reference See Fed. R. Bankr. P. 6006.