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Bankr. S.D. Fla. Local Rule 6004-1 — Use, Sale, or Lease of Property: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Motion to Sell Free and Clear Under § 363(f). A motion seeking authority to sell property under § 363(f) must: (1) attach a copy of any purchase agreement; (2) attach a proposed order granting the motion; (3) if seeking approval of sale or bidding procedures, attach the proposed procedures and a proposed order approving the procedures; (4) begin with a concise statement of the relief requested that lists or summarizes – and sets out the location in the proposed order and purchase agreement of – all material provisions of the proposed transaction, including: (A) the identity of the purchaser, if any, and whether the purchaser is an insider of the debtor; (B) the terms of the sale, including the price, closing date, and any warranties, closing conditions, interim agreements or arrangements with a proposed purchaser, and proposed transfer free and clear of liens, claims, encumbrances, possessory interests, leasehold interests, licenses, or other rights; (C) whether the sale is subject to higher and better offers and, if so, (i) the requirements for any competing bids, including any minimum deposit, documentation requirements, or other qualifying conditions; and (ii) the proposed auction terms, including the auction date, minimum bidding increments, initial overbid amount, and proposed last date for submitting competing bids; and (5) identify any purchaser protections, including any proposed breakup fee, expense reimbursement, or matching rights; (6) identify any agreements concerning compensation or future employment of management or key employees; (7) identify any provisions releasing, waiving, or transferring any potential claims of the estate; (8) disclose whether the sale includes the transfer of personally identifiable information under § 363(b)(1); (9) identify all known potential lienholders or interest holders, including the nature and extent of their liens or interests and whether those liens or interests are disputed; and (10) include a statement setting forth the need for any expedited hearings, together with proposed dates, deadlines, or other milestones. (b) Use, Sale, or Lease of Property on Negative Notice. (1) By Notice. Notice under Bankruptcy Rule 6004(a) and § 363(b) of a proposed use, sale, or lease of property not in the ordinary course of business may be served on 21 days’ negative notice by including immediately beneath the title of the notice the following bulletin in bold print: Under Bankruptcy Rule 6004 and Local Rule 6004-1(b)(1), this proposed use, sale, or lease may be approved without a hearing or order if no objection to the use, sale, or lease is filed within 21 days from the date of service of this notice. (2) By Motion. (A) Required Bulletin. A motion under Bankruptcy Rule 6004(a) and § 363(b) to approve a proposed use, sale, or lease of property not in the ordinary course of business – other than under §§ 363(f), (g), or (h) – may be served on 21 days’ negative notice, by including immediately beneath the title of the motion the following bulletin in bold print: Under Bankruptcy Rule 6004 and Local Rule 6004-1(b)(2), this proposed use, sale, or lease may be approved without a hearing if no objection to the use, sale, or lease is filed within 21 days from the date of service of this motion. (B) Proposed Order. Any motion under (b)(2)(A) must attach a proposed form of order approving the use, sale, or lease of property. (C) Procedure After Expiration of Notice Period. If no objection to a motion under (b)(2)(A) is timely filed, the trustee may submit a proposed order that includes the following language in the order’s preamble: “and the movant by submitting this form of order represents that the motion was served on all required parties, that the 21-day response time provided by Local Rule 6004-1(b)(2) has expired, that no one has filed a response to the motion, and that the form of order was attached as an exhibit to the motion.”
(a) Motion to Sell Free and Clear Under § 363(f). A motion seeking authority to sell property under § 363(f) must: (1) attach a copy of any purchase agreement; (2) attach a proposed order granting the motion; (3) if seeking approval of sale or bidding procedures, attach the propo