Motion to Sell Free and Clear of Liens

CSD 1179 for Ch 13 Cases

Local Rule #

Federal Rule #

Category:  Motions/Applications

IMPORTANT:  Pursuant to Local Bankruptcy Rule 9034-2, in chapter 13 cases, a statement of position from the Chapter 13 Trustee must be requested for motions to sell real or personal property of the Chapter 13 debtor, as governed by FRBP 6004.  To obtain a statement of position read the Procedure in the Quick Note

1. Select Bankruptcy menu.
2. Select Motions/Applications.
3. Ensure correct case name and number match the document you are filing.
4. Select party filer.
   • Party filer not listed, Add/Create New Party.

     Use the Add/Create New Party only when party is not on the Party Filer pick list. From the Select the Party screen: Click on Add/Create New Party hyperlink. The Search for Party screen appears. Enter social security number, tax identification number or last/business name (upper and lower case) to search for new party name in the ECF database. The Party Search Results appears. Party name appears: select name and verify party name information in pop-up window. Party information is correct, click Select name from list button. Party name appears but information is incorrect, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Party name does not appear, click on Create New Party. The Party Information screen appears. Complete or update all appropriate fields for the party filer. Select appropriate Role for new party filer such as Creditor (cr:cr). Once this is complete you will return to the Select the Party screen, which will list the party filer name.

     Quick Note Making any changes in Add/Create New Party screen will only affect this case.  Remember to change the ROLE accordingly.

5. Select Document Event: Sell Free & Clear of Liens under 11 USC Section 363(f)(Motion)(fee).
6. Browse, verify and attach the document (PDF file).

   Locate the document (PDF or TXT). Right-mouse click on the correct filename. Select Open from the drop down menu. This will launch the PDF or TXT file's application. Verify the document. Close the document by clicking on the X in the upper-right hand corner of the Adobe or NotePad application. Click on the Open button in ECF to attach the document in the Browse field.

   Quick Note The court quality assures all incoming files and verifies for /s/signatures, missing pages, correct document to selected event, case number, readable file, etc.

   • Attach supportive documents, if applicable.

     From the first Browser screen: Click on the Yes button at Attachments to Documents. Click the "Next" button. In the second Browser screen: Browse, verify and attach supportive document (PDF file). Select Category of document such as Declaration, Exhibit, etc. or type description of document. Click on Add to List. Repeat steps 1 - 3 until all supportive documents are attached. When done, click on Next to continue procedure.

     Quick Note NEVER attach a document that can be filed under Notices & Hearing.

7. Bypass box at Refer to existing event(s).

   Check the box: Refer to Existing Event(s)? The Select the Category to Which your Events Relates screen appears. Select the category in which the related document was filed in. Note: This step 2 may not appear in all document events, continue with Step 3. Select the appropriate document text to link.

   Quick Note  When AMENDING a document always link back to the document you are amending.

• Verify filing fee.
8. Modify text to add pertinent information, such as Amended, if applicable.

   Check the box: Refer to Existing Event(s)? The Select the Category to Which your Events Relates screen appears. Select the category in which the related document was filed in. Note: This step 2 may not appear in all document events, continue with Step 3. Select the appropriate document text to link.

   Quick Note  When AMENDING a document always link back to the document you are amending.

9. Verify final docket text before submitting onto case docket.
10. Print the Notice of Electronic Filing. It's your receipt.

    Print to PDF Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select Acrobat PDF Writer as your current printer selection and press Print. The Save PDF File As screen appears. Name your PDF file. Click in the Save in: Window to choose the directory to save your PDF file. Click on the Save button to print to PDF. Print a paper copy Click on File on the application's menu bar. Click on Print from the drop down menu. The Print Dialog Box appears. Select your current printer and press the Print button.

    Quick Note Keep original signed document along with the Notice of Electronic Filing at your office.

11. Click the appropriate below link to continue.
    • For Motion to Sell Real or Personal Property of the Chapter 13 Debtor

      Upload the completed CSD 1179, Request by Debtor for Statement of Position of Chapter 13 Trustee, to the Chapter 13 Trustee per the below instructions.

      1. 1. Select Bankruptcy menu.
         2. Select Order Upload.
         3. Select Single Order Upload.
         4. Ensure correct case name and number match the document you are uploading.
         5. Enter the related document number of the Motion to Extend Time
         6. Select the Order type: Chapter 13 Statement of Position
            • Bypass Hearing date
         7. Browse, verify and attach the CSD 1179 (PDF file).
         8. Print the page as your confirmation of the submission of the CSD 1179 to the Ch 13 Trustee.

       

      Note:  Once the executed CSD 1179 form appears on the Court docket, with the Chapter 13 Trustee's response, the Movant must upload an e-order,which will be subject to Court approval.

    • For Chapter 7, 11 or 12 Cases

      Continue with filing the CSD 1199 Notice of Hearing and Motion on Sale of Property Free and Clear of Liens and Interests, or uploading an e-order, if applicable.

.

Back to Top

Previous Page

Home