United States District Court

Northern District Of Illinois

Local Rules

Admiralty Rules

LRSupE.4. Judicial Sale

(a) Marshal’s Account of Sale. When any money shall come to the hands of the marshal under or by virtue of any order or process of the court, he shall forthwith present to the clerk a bill of his charges showing the time he received the money. After the filing of the bill of charges and upon the taxation thereof he shall forthwith pay to the clerk the amount of said money less his charges as taxed. An account of all property sold under the order or judgment of this Court shall be returned by the marshal and filed in the clerk’s office, with the execution or other process under which the sale was made.

(b) Conditions of Sale. When a vessel is sold under an order or judgment of this Court pursuant to Supplemental Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property sold as provided in section (a) and shall prepare a certificate of sale showing the name and address of the highest bidder. Such sale shall be subject to approval and confirmation by the court or rejection by the court, upon motion and showing of good cause therefor, which motion may be made by the plaintiff, or by any party of record, or by the highest bidder. It shall be the responsibility of the plaintiff, or such other party of record who desires that the sale be approved and confirmed, to prepare and present to the court from the pleadings in the case, or from other sources, a description of the vessel for purpose of identification as an aid to the United States Coast Guard properly to record and index the vessel on its records, or to enable the vessel to be registered or numbered under the Illinois Boat Registration and Safety Act or such other state or federal statute as may be applicable. The description may include the name of the vessel, its official number, if any, its state identification number, if any, its dimensions, the name of the former owner, the ownership interest to be transferred, and the name and address of the purchaser who shall have been the successful bidder at the sale.

(c) Marshal’s Bill of Sale. If and when the court approves and confirms the sale, the order approving and confirming such sale shall direct the marshal to issue a marshal’s bill of sale containing appropriate identification and description of the vessel so that the same may be recorded pursuant to any applicable regulations of the United States Coast Guard or other government agency.