Free Motion to Approve Sale - Hawaii

Attorney or Party Name, Address, Phone, Fax, Email:

For court use only

UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII
In re (Debtor(s)):

Case No.:
Hearing: Date: Time:

Chapter 13
Non-Hearing: (Hearing will be set if objection filed)

MOTION TO APPROVE SALE (Chapter 13 Case)
If checked, motion includes: Use of sale proceeds to pay compensation and expenses of Debtor's attorney Approval of sales commission or other compensation for sales agent/auctioneer Modification of confirmed plan to accelerate payments (lump sum distribution) Subject Property: Purchase Price:

An order is hereby requested approving the sale of the above-described property and, if applicable, approving requests for compensation and plan modification. The undersigned alleges as follows. I. Property of the Estate The subject property is property of the estate, or The subject property is property that revested in the Debtor(s) upon plan confirmation or otherwise is not property of the estate. II. Use of Sale Proceeds The proceeds of the sale will be sufficient to complete all remaining plan payments (lump sum distribution as a plan modification), or Debtor(s) will continue to make payments in accordance with the plan. III. Sales Agent / Auctioneer Commission / fees: $ ___________________ IV. Attorney Fees/Costs $ ___________________ No request is made concerning attorney fees and costs in this motion.
hib_363-13 11/04

Name: ___________________________________________________________ Court approval required - employment order dated: ____________________ Court approval of employment was not required (subject property is not property of the estate) Estimated fees and costs related to this motion shall be paid from sale proceeds and deposited in a client trust account pending further approval, or

Page 1 of 2

Motion to Sell Property (Chapter 13) - Worksheet (All figures entered are good faith estimates.)
1

Purchase price Existing liens to be paid from proceeds $ __________________ $ __________________ $ __________________

$

2

a) _________________________________________ b) _________________________________________ c) _________________________________________

3

Escrow costs and other items payable at closing (except for Debtor's attorney fees and costs) Add amount(s) in line 2 and line 3 Subtract line 4 from line 1 Total remaining payments due under plan (as of estimated date of closing) Debtor's attorney fees and costs to be paid from proceeds (separate application required) Add line 6 and line 7 Subtract line 8 from line 5 (surplus to Debtor(s))

$ $ $ $ $ $ $

4

5

6

7

8

9

[Attach a declaration with documentary support such as a title report and DROA, or UCC-1 and purchase and sale agreement. A memorandum of law is not required but may also be attached.] Other information (if any):

Dated: ________________________

_____________________________ Debtor / Attorney

Dated: ________________________

_____________________________ Joint Debtor / Attorney
Page 2 of 2

hib_363-13

11/04