Rule 6003 — Prohibition on Granting Certain Applications and Mo- tions Made Immediately After the Petition Is Filed

Fed. R. Bankr. P. 6003

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 6003
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 6003

Text

(a) IN GENERAL. Unless relief is needed to avoid immediate and
irreparable harm, the court must not, within 21 days after the pe-
tition is filed, grant an application or motion to:
(1) employ a professional person under Rule 2014;
(2) use, sell, or lease property of the estate, including a mo-
tion to pay all or a part of a claim that arose before the peti-
tion was filed;
(3) incur any other obligation regarding the property of the
estate; or
(4) assume or assign an executory contract or unexpired
lease under §365.
(b) EXCEPTION. This rule does not apply to a motion under Rule
4001.
(Added Apr. 30, 2007, eff. Dec. 1, 2007; amended Mar. 26, 2009, eff.
Dec. 1, 2009; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 2, 2024, eff. Dec. 1,
2024.)
. Use, Sale, or Lease of Property
(a) NOTICE.
(1) In General. Notice of a proposed use, sale, or lease of prop-
erty that is not in the ordinary course of business must be
given:
(A) under Rule 2002(a)(2), (c)(1), (i), and (k); and
(B) in accordance with §363(b)(2), if applicable.
(2) Exceptions. Notice is not required if (d) applies or the pro-
posal involves cash collateral only.
(b) OBJECTION. Except as provided in (c) and (d), an objection to
a proposed use, sale, or lease of property must be filed and served
at least 7 days before the date set for the proposed action or with-
in the time set by the court. Rule 9014 governs the objection.
(c) MOTION TO SELL PROPERTY FREE AND CLEAR OF LIENS AND
OTHER INTERESTS; OBJECTION. A motion for authority to sell prop-
erty free and clear of liens or other interests must be made in ac-
cordance with Rule 9014 and served on the parties who have the
liens or other interests. The notice required by (a) must include:
(1) the date of the hearing on the motion; and
(2) the time to file and serve an objection on the debtor in
possession or trustee.
(d) NOTICE OF AN INTENT TO SELL PROPERTY VALUED AT LESS
THAN $2,500; OBJECTION. If all the nonexempt property of the es-
tate—in the aggregate—has a gross value less than $2,500, a notice
of an intent to sell the property that is not in the ordinary course
of business must be given to:
• all creditors;
• all indenture trustees;
• any committees appointed or elected under the Code;
• the United States trustee; and
• other persons as the court orders.
A party in interest may file and serve an objection within 14 days
after the notice is mailed or within the time set by the court.
Rule 9014 governs the objection.
(e) NOTICE OF A HEARING ON AN OBJECTION. The date of a hearing
on an objection under (b) or (d) may be set in the notice under (a).
(f) CONDUCTING A SALE THAT IS NOT IN THE ORDINARY COURSE OF
BUSINESS.
(1) Public Auction or Private Sale.
(A) Itemized Statement Required. A sale that is not in the
ordinary course of business may be made by public auction
or private sale. Unless it is impracticable, when the sale is
completed, an itemized statement must be filed that
shows:
• the property sold;
• the name of each purchaser; and
• the consideration received for each item or lot or,
if sold in bulk, for the entire property.
(B) If by an Auctioneer. If the property is sold by an auc-
tioneer, the auctioneer must file the itemized statement
and send a copy to the United States trustee and to either
the trustee, debtor in possession, or Chapter 13 debtor.
(C) If Not by an Auctioneer. If the property is not sold by
an auctioneer, the trustee, debtor in possession, or Chapter

13 debtor must file the itemized statement and send a copy
to the United States trustee.
(2) Signing the Sale Documents. When a sale is complete, the
debtor, trustee, or debtor in possession must sign any docu-
ment that is necessary or court-ordered to transfer the prop-
erty to the purchaser.
(g) SELLINGPERSONALLYIDENTIFIABLEINFORMATION.
(1) Request for a Consumer-Privacy Ombudsman. A motion for
authority to sell or lease personally identifiable information
under §363(b)(1)(B) must include a request for an order direct-
ing the United States trustee to appoint a consumer-privacy
ombudsman under §332. Rule 9014 governs the motion. It must
be sent to the United States trustee and served on:
• any committee elected under §705 or appointed under
§1102;
• in a Chapter 11 case in which no committee of unse-
cured creditors has been appointed under §1102, on the
creditors included on the list filed under Rule 1007(d); and
• other entities as the court orders.
(2) Notice That an Ombudsman Has Been Appointed. If a con-
sumer-privacy ombudsman is appointed, the United States
trustee must give notice of the appointment at least 7 days be-
fore the hearing on any motion under §363(b)(1)(B). The notice
must give the name and address of the person appointed and
include the person’s verified statement that sets forth any
connection with:
• the debtor, creditors, or any other party in interest;
• their respective attorneys and accountants;
• the United States trustee; and
• any person employed in the United States trustee’s of-
fice.
(h) STAYING AN ORDER AUTHORIZING THE USE, SALE, OR LEASE OF
PROPERTY. Unless the court orders otherwise, an order authorizing
the use, sale, or lease of property (other than cash collateral) is
stayed for 14 days after the order is entered.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)