Under 28 U.S.C. § 2001, property that is ordered to be sold by a federal court may be sold at a public sale or a private sale. Public sales must be advertised in a manner consistent with the nature of the property and the circumstances of the case. The statute requires reasonable public notice of the sale to be given by the marshal or other officer conducting the sale. The terms and conditions of the sale are also to be published in the notice. The statute allows for the court to order a private sale of the property if it is in the best interest of the parties and the estate, subject to confirmation by the court. The statute also provides for a 10-day waiting period after the sale before the court confirms the sale, during which time objections can be filed and the sale can be set aside if it is not considered to be in compliance with the requirements.
28 U.S.C. § 2002 requires that notice of a public sale of property be given by the marshal or other officer conducting the sale. The notice must be published once a week for at least four weeks prior to the sale in at least one newspaper regularly issued and of general circulation in the county where the property is situated. If there is no such newspaper, then the notice must be posted at the courthouse and at three other public places in the county where the property is to be sold. This statute ensures that the public is adequately informed about the sale and has an opportunity to participate in the bidding process.
According to 28 U.S.C. § 2003, the terms and conditions of a public sale of real or personal property must be announced at the place and time fixed for the sale by the marshal or other officer conducting the sale. The statute allows the court to fix the terms and conditions of the sale, including the requirement of a deposit by the successful bidder, which is not to exceed 20 percent of the bid amount. The statute also provides that the sale may be subject to confirmation by the court. If the terms of the sale are not complied with by the successful bidder, the property may be resold at the risk and expense of the defaulting purchaser.
28 U.S.C. § 2004 allows for the sale of real or personal property under a federal court order to be conducted by a marshal or by any other person or organization designated by the court. The statute specifies that the sale is to be made in the manner, at the time and place, and on the terms and conditions directed by the court. The statute also allows the court to direct that the property be sold in parcels or as a whole and that it be sold where the court is held or elsewhere as directed by the court.