28 U.S.C. § 2004
Sale of personalty generally
Any personalty sold under any order or decree of any court of the United States shall be sold in accordance with section 2001 of this title, unless the court orders otherwise.
This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency.
Notes of Decisions
Cited in 33
cases (7 in the last 5 years), 1967–2025 · leading case: United States v. One Star Class Sloop Sailboat Built in 1930
United States v. One Star Class Sloop Sailboat Built in 1930 (2008)
“” 28 U.S.C. § 2004 . In this case, the district court “order[ed] otherwise”; its judgment directed the Marshals Service “to arrange for the sale of the [FLASH II] in accordance with United States Department of Justice policies regarding the disposition of forfeited property.”
Knauss v. Dwek (2003)
“§ 31325 (b)(1) and 28 U.S.C. § 2004 . (Id. at ¶ 12.) In November 2001 the District Court ordered that the Ship be offered for private sale for 90 days, and that if no acceptable offer was made during that time, that the Ship be sold at an auction conducted by the United States…”
United States v. $2,350,000.00 in Lieu of One Parcel of Property Located at 895 Lake Avenue Greenwich (2010)
“§ 981 (d)) and 28 U.S.C. § 2004 , which provide authority and procedures for the interlocutory sale of real property pending forfeiture, after a showing that the property was “liable to perish, or to waste or to be greatly reduced in value by keeping, or that the expense of…”
United States v. Harry S. Stonehill Robert P. Brooks (1996)
“” 28 U.S.C. § 2004 (emphasis added).' Therefore, it is at the district court’s discretion whether to obtain appraisals before foreclosing upon personal property, such as appellants’ causes of action.”
Fleet National Bank v. H & D Entertainment, Inc. (1996)
“The federal statute governing receivership sets forth the standards for sale of personalty by receivers at 28 U.S.C. § 2004 . It provides that the court may sell personalty, “upon such terms and conditions as the Court approves, if it finds that the best interests of the estate…”
United States of America v. Jack Jepsen Kris Jepsen Karen Jepsen Makutenas (2001)
“If the proceeds from the sale [of the real property] are insufficient to pay the amount due to the United States herein, then the United States may, in its discretion, request this Court to order the sale of Defendant Jack Jepsen’s rights to payment under the promissory note in…”
Securities & Exchange Commission v. Janvey (2010)
“§ 2001 , which governs the sale of real property, or 28 U.S.C. § 2004 , which governs the sale of personal property.”
United States v. Steel Tank Barge H 1651 (1967)
“The order for the interlocutory sale pusuant to Title 28 U.S.C.A. § 2004 , prepared by the United States Attorney and signed by the Court, directed that notice be given by “publication in newspapers of general circulation in the Parishes of Terrebonne and Orleans, State of…”
First City National Bank of Houston v. Brazosport Towing Co. (1984)
“Jurisdiction of this Court is proper pursuant to 28 U.S.C. § 2004 . I.Facts Defendant Brazosport Towing Co.”
Van Dorn Retail Management, Inc. v. Jim's Oxford Shop, Inc. (1994)
“He has also characterized the sale as a judicial sale subject to 28 U.S.C.A. § 2004 (West 1982). Proposed Findings of Fact and Conclusions of Law at ¶¶ 55-56, 61.”
Rebco Towing Co. v. River Line, Inc. (In Re River Line, Inc.) (1982)
“28 U.S.C. § 2004 . As the testimony of Mechling, Southern and Armstrong confirms, a public auction of this vessel would in all likelihood bring a lower price than a private sale.”
J. Ray McDermott & Co. v. Vessel Morning Star (1972)
“28 U.S.C.A. § 2004 directs that any personalty sold under order of a court must be sold in accordance with Section 2001.”
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