Title 28, Judiciary and Judicial ProcedureRelease 119-102

§2004 Sale of Personalty Generally

Title 28 › PART V — PROCEDURE › CHAPTER 127 — EXECUTIONS AND JUDICIAL SALES › § 2004

Last updated Aug 21, 2026|Official source

Summary

When a United States court orders personal property to be sold, the sale must follow the procedures in section 2001 unless the court says to use a different method. That rule does not apply to sales under Title 11 (bankruptcy) or to sales by bank receivers or conservators appointed by the Comptroller of the Currency.

Full Legal Text

Title 28, §2004

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 848 (Mar. 3, 1893, ch. 225, § 2, 27 Stat. 751; Apr. 24, 1935, ch. 77, § 2, 49 Stat. 160; June 19, 1935, ch. 276, 49 Stat. 390). A provision making the section applicable to pending proceedings was deleted as obsolete. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2004

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102