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Notice Of Intent To Sell Real Or Personal Property And Motion For Authority To Sell Property Free And Clear Of Liens 760.5 - Oregon
| Notice Of Intent To Sell Real Or Personal Property And Motion For Authority To Sell Property Free And Clear Of Liens Form. This is a Oregon form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON In re ) ) Case No. ) ) NOTICE OF INTENT TO SELL REAL OR ) PERSON AL PROPERTY , COMPENSATE ) REAL ESTATE BROKER, AND/OR PAY ANY ) SECURED CREDITORS FEES AND C OSTS; ) MOTION FOR AUTHORITY TO SELL ) PROPERTY FREE A ND CLEAR OF LIENS; Debtor(s) ) AND NOTICE OF HEARING NOTICE IS GIVEN THAT , thedebtor/trustee/other: (strike inapplicable parties), intends to sell the property described below and moves for authority to sell said property free and clear of liens pursuant to 11 USC 363(f). The movants, name, address, and telephone # are: .[If debtor is movant] Debtors Soc. Sec./Tax I.D. # is: .IF YOU WISH TO OBJECT TO ANY ASPECT OF THE SALE OR FEES DISCLOSE D IN PTS . 12 OR 19 YOU SHALL BOTH: (1) ATTEND THE HEARING NOTED IN PT. 20 BELOW AND, (2) WITHIN 22 DAYS of either (a) the later of any date in the Clerk stamp above or next to the signature below OR (b) the service date in pt. 21 below, FILE with the Clerk of Court (i.e., if the 5-digit portion of the Case No. begins with "3" or 4", mail to 1001 SW 5th Ave. #700, Portland OR 97204; OR if it begins with "6" or 7", mail to PO Box 1335, Eugene OR 97440) BOTH: (a) a written response stating the specific facts upon which the objection is based, AND (b) proof that a copy of the response was served on the movant. This document shall constitute the notice required by LBR 2002-1.B.2. (COMPLETE ALL SECTI ONS.) 1. The specific subsections of 11 USC 363(f) on which the movant relies for authority to sell the property free and clear of liens are: 2. Buyers Name & Relation to Debtor: 3. General description of the property (NOTE: If real property, state street address here. Also attach legal description as an Exhibit to the original filed with the court): 4. A copy of the full property description or inventory may be examined or obtained at: 5. The property may be previewed at (include time and place): 6. Other parties to the transaction and their relationship to the debtor are: 7. Gross sales price: $ . 8. Terms and conditions of sale: 9. Summary of all available information regarding valuation, including any independent appraisals: 760.5 (11/10/03) Page 1 of 2 *** SEE NEXT PA GE *** <<<<<<<<<********>>>>>>>>>>>>> 210. Competing bids must be submitted to the movant no later than (date) , and must exceed the above offer by at least % (and be on the same or more favorable terms to the estate). 11. The sale (delete as appropriate) is/is not of substantially all of the debtors assets. 12. All liens on the property total: $ ; and secured creditor also seeks reimbursement of $ for fees and costs. 13. Total sales costs will be: $ . 14. All tax consequences have been considered and it presently appears the sale will result in net proceeds to the estate of approximately: $ . 15. If there is little or no equity for the estate after payment of any taxes, the reason for the sale is: and expenses and taxes resulting from the sale will be paid as follows: 16. (Chapter 11 cases only) The reason for proposing the sale in advance of approval of a plan of reorganization is: 17. The following information relates to lien holders (who are listed in PRIORITY order): Service Address Name For Service (See FRB P 7004) Approximate Lien Amount 18. The liens shall attach to the proceeds of the sale in the same order of priority in which they attach to the property. Net proceeds shall be held in trust until the court orders payment. Sale proceeds will be sufficient to pay all such liens except the liens of: 19. [If real property is being sold] The court appointed real estate broker, , will be paid .20. A HEARING ON THIS MOTION AND ANY OBJECTIONS TO THE SA LE AND/OR FEES WILL BE HELD ON AT IN and testimony may be received.21. [Unless movant is a Ch. 7 trustee] I certify that on a copy of this document was served, pursuant to FRBP 7004, on the debtor(s), trustee, if any, U.S. Trustee, each named lien holder at the address listed above, Creditors Committee Chairperson, if any, and their respective attorneys, and served, pursuant to FRBP 2002(a) on all creditors and parties requesting special notice as listed on the mailing matrix obtained from the Clerks office on , a copy of which is attached to the original document filed with the Bankruptcy Court. 22. FOR FURTHER INFORMATION CONTACT: .DATE: Signature (OSB# if attorney) 760.5 (11/10/03) Page 2 of 2 Relation to Movant
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