COLLECTION AND LIQUIDATION OF THE ESTATE
RULE 6004-1. SALE OF ESTATE PROPERTY
(a) CHAPTER 7 CASES - GENERAL NOTICE. Except as otherwise provided in this rule, in a
chapter 7 case the clerk shall give not less than 21 days notice to all entities listed in the matrix
referred to in Local Rule 1007-2 of any proposed sale or other disposition of estate property by
the trustee under Federal Rule of Bankruptcy Procedure 2002(a)(2) or (3), unless the trustee
serves the notice and files proof of such service. The notice shall conform substantially to Local
(b) CHAPTER 7 CASES - LIMITED NOTICE.
(1) Generally; Form. If approved by the United States Trustee under subparagraph (3) of this
paragraph, a trustee may sell property where the value to the estate is less than $5000, after
serving notice of the proposed disposition only on the United States Trustee, each entity that has
filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure
2002(I) or 9010(b), and each member of any creditors' committee. The notice shall conform
substantially to Local Form 6004-1(a).
(2) Service of Notice. The notice shall be served not later than fourteen days before the date set for the
proposed disposition. Along with the original notice, the trustee shall also serve on the United
States Trustee 1) a proposed certificate approving use of limited notice and the proposed
disposition and 2) proof of service of the notice.
(3) Approval. If the United States Trustee approves limited notice and the proposed disposition,
the United States Trustee shall file the notice, the certificate and the proof of service.
(4) Disapproval. If the United States Trustee disapproves the limited notice or the proposed
disposition, the trustee shall comply with paragraph (a) of this rule.
(c) CHAPTER 7 CASES - OBJECTIONS TO DISPOSITION. An objection to a proposed
disposition under this rule shall be delivered to the trustee and the United States Trustee and filed
not later than 12:00 o'clock noon the day before the date set for the proposed disposition. If the
trustee receives an offer in writing to purchase property being sold at private sale before the time
to file an objection to the sale has expired, the trustee shall file the offer and the offer shall be
deemed an objection timely served and filed. If the trustee accepts the offer or another offer and
the court approves the sale, the objection shall be deemed sustained.
(d) CHAPTER 7 CASES - CERTIFICATE. Upon request of the trustee, the clerk shall issue a
certificate conforming substantially to Local Form 6004-1(d) if no objection has been timely filed
or all filed objections have been resolved. Copies of the notice and the certificate of approval if
any shall be attached to the certificate. If the court has entered any order with respect to the
proposed disposition, the clerk shall issue the certificate with a copy of the order attached.
(e) CASES UNDER CHAPTERS 11, 12 AND 13. In a chapter 11, 12, or 13 case, a request for
approval of any proposed sale, or other disposition of property of the estate shall be made by
motion. Local Rules 2002-1 and 2002-4(a) govern preparation and service of the notice to
(f) INSTRUMENTS TRANSFERRING REAL PROPERTY. An instrument of transfer of real
property located in Minnesota by the trustee or debtor in possession shall conform substantially
to Local Form 6004-1(f).
Fed. R. Bankr. P. Reference 6007, 9019.
RULE 6007-1. ABANDONMENT
Local Rule 6004-1 applies generally to abandonments, except that the trustee in a chapter 7 case
may use the limited notice of Local Rule 6004-1(b)(1) regardless of the value of the asset
RULE 6007-2. ABANDONMENT - HAZARDOUS SUBSTANCES
If the trustee or debtor in possession proposes to abandon commercial or industrial property,
whether real or personal, which the trustee or debtor in possession believes may contain a
hazardous substance as defined in Minn. Stat. §115B.02, subd. 8 or other applicable law, or on
which the trustee or debtor in possession believes environmental contamination or a release or
threatened release of a hazardous substance may exist, the trustee or debtor in possession shall
serve notice of the proposed abandonment on the Environmental Protection Agency and the
Attorney General for the state where the property is located.
RULE 6072-1. TURNOVER PROCEEDINGS - MOTION
If upon demand an entity has refused to deliver to the trustee tangible property of a kind specified
in §542(a) of the Code, the value of the property is less than $10,000 and the property is located
within the District of Minnesota, the trustee may seek an order for turnover by way of motion. At
any time, on motion and for cause, the court may convert the proceeding to an adversary