L. Rule 6004. USE, SALE OR LEASE OF PROPERTY


(a) Trustee’s Use of Estate Funds.

(1) A Chapter 7 trustee may, without prior approval of the Court, pay from funds of the estate routine expenses for preservation of the estate, such as insurance premiums on property, locksmith charges, storage space rental, filing fees for adversary proceedings, and other routine charges. Expenses included within this provision do not include reimbursement of internal operating expenses of the trustee. Payments made under this provision in each case shall not exceed an aggregate of $2,400.00 in any twelve month period.

(2) In addition to the expenses authorized in (a)(1) above, a Chapter 7 Trustee may, without prior approval of the Court, incur and pay funds of an estate, on an ongoing basis, any actual, necessary expense for bank fees and service charges imposed by third party depositories, related to the administration of the estate’s accounts. The Court retains authority to review and approve bank fees and service charges during the administration of an estate.

(b) Notice of Proposed Use, Sale, or Lease of Property.

Notice of a motion to use, sell, or lease property shall contain the negative notice language set forth in L. Rule 9014(a). In addition to the requirements of FRBP 2002(c)(1), the notice shall contain:

(1) The name and address of the proposed buyer or lessee;

(2) The proposed consideration to be received by the estate, including estimated costs of the sale or lease, including commissions, auctioneer's fees, costs of document preparation and recording and any other customary closing costs; and

(3) A description of the estimated or possible tax consequences to the estate, if known, and how any tax liability generated by the use, sale or lease of such property will be paid.

(c) Motions in Chapter 12 and 13 Cases.

In Chapter 12 and Chapter 13 cases, a motion for proposed use, sale, or lease of property shall indicate consent or lack of consent of the trustee and of any affected secured creditor.