Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

RULE 6004-1 SALE OF ESTATE PROPERTY

A. Notice of Use, Sale, or Lease of Property Not in the Ordinary Course of Business

1. Local Rule 9013-1 does not apply to a notice of proposed use, sale, or lease of property made pursuant to Bankruptcy Rule 6004(a).

2. The notice of proposed use, sale, or lease of property not in the ordinary course of business shall include the information set forth in Bankruptcy Rule 2002(c)(1). If a date of the proposed action is included in the notice, the notice shall also include the following statement in a separate paragraph: “Objections to the proposed action [use, sale, lease] of the above-described property must be filed and served not less than seven (7) days before the date set for the proposed action. If no objection is timely filed or served, the proposed action may be taken without further notice or hearing.” The notice of proposed use, sale, or lease of property not in the ordinary course of business shall be served in accordance with Bankruptcy Rule 6004(a) and, if applicable, Bankruptcy Rule 2002(d)(3).

B. Sale Free and Clear of Liens and Other Interests.

1. Local Rule 9013-1 does not apply to a motion for authority to sell property free and clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c) or to objections thereto. The motion shall include in the title “and Notice of Opportunity for Hearing,” and the body of the motion shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING

Your rights may be affected. You should read this document carefully and consult your attorney about your rights and the effect of this document. If you do not want the Court to grant the motion, or you wish to have your views considered, you must file a written response to the motion with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 21 days from the date of filing of the motion. You should also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate of service with the Court. A hearing on the motion has been set for _________________, 201__, at __:__ __.m. before the Honorable ___________________, ___Floor Courtroom, 214 Dean A. McGee Avenue, Oklahoma City, Oklahoma 73102. If no response is timely filed, the court may grant the motion without further notice.

[Note – this is a flat twenty-one (21) days regardless of the manner of service.]

NOTICE OF HEARING

(TO BE HELD IF A RESPONSE IS FILED)

Notice is hereby given that if a response to the ____________is filed, the hearing on the matter will be held on __________, 20__, at ____ __.m. in the _______ floor courtoom of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102. If no response is timely filed and the court grants the requested relief prior to the above-referenced hearing date, the hearing will be stricken from the docket of the Court.

2. Objections to a motion for authority to sell property free and clear of liens and other interests made pursuant to BankruptcyRule 6004(c) must be filed and served not more than twenty-one (21) days after the motion is filed. [Note – this is a flat twenty-one (21) days regardless of the manner of service.]

3. The motion and notice shall be served pursuant to Bankruptcy Rule 6004(a) and (c), and, if applicable, Bankruptcy Rule 2002(d)(3). Service of the motion and notice shall be accomplished within three (3) days of the filing of the motion and notice, and a certificate of service shall be filed no later than seven (7) days prior to the hearing date.