28 U.S.C. § 1963A — Untitled legal text

Page 498 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 1963A 1958—Pub. L. 85–508 struck out provisions which ex- tended provisions of section to District Court for Terri- tory of Alaska. See section 81A of this title which es- tablishes a United States District Court for the State of Alaska. 1954—Act Aug. 23, 1954, extended provisions of section to District Court for Territory of Alaska. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title X, § 1002(c), Nov. 19, 1988, 102 Stat. 4665, provided that: ‘‘The amendments made by this section [amending this section and repealing sec- tion 1963A of this title] take effect 90 days after the date of enactment of this title [Nov. 19, 1988].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. [§ 1963A. Repealed. Pub. L. 100–702, title X, § 1002(b)(2), Nov. 19, 1988, 102 Stat. 4664] Section, added Pub. L. 96–417, title V, § 511(a), Oct. 10, 1980, 94 Stat. 1743, provided for registration of judg- ments of the Court of International Trade. See section 1963 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Nov. 19, 1988, see section 1002(c) of Pub. L. 100–702, set out as an Effective Date of 1988 Amendment note under section 1963 of this title. § 1964. Constructive notice of pending actions Where the law of a State requires a notice of an action concerning real property pending in a court of the State to be registered, recorded, docketed, or indexed in a particular manner, or in a certain office or county or parish in order to give constructive notice of the action as it re- lates to the real property, and such law author- izes a notice of an action concerning real prop- erty pending in a United States district court to be registered, recorded, docketed, or indexed in the same manner, or in the same place, those re- quirements of the State law must be complied with in order to give constructive notice of such an action pending in a United States district court as it relates to real property in such State. (Added Pub. L. 85–689, § 1(a), Aug. 20, 1958, 72 Stat. 683.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–689, § 2, Aug. 20, 1958, 72 Stat. 683, provided that: ‘‘The amendments made by this Act [enacting this section] shall only be effective with respect to ac- tions commenced in United States district courts more than one hundred and eighty days after the date of en- actment of this Act [Aug. 20, 1958].’’ CHAPTER 127—EXECUTIONS AND JUDICIAL SALES Sec. 2001. Sale of realty generally. 2002. Notice of sale of realty. 2003. Marshal’s incapacity after levy on or sale of realty. 2004. Sale of personalty generally. 2005. Appraisal of goods taken on execution. 2006. Execution against revenue officer. 2007. Imprisonment for debt. § 2001. Sale of realty generally (a) Any realty or interest therein sold under any order or decree of any court of the United States shall be sold as a whole or in separate parcels at public sale at the courthouse of the county, parish, or city in which the greater part of the property is located, or upon the premises or some parcel thereof located therein, as the court directs. Such sale shall be upon such terms and conditions as the court directs. Property in the possession of a receiver or re- ceivers appointed by one or more district courts shall be sold at public sale in the district where- in any such receiver was first appointed, at the courthouse of the county, parish, or city situ- ated therein in which the greater part of the property in such district is located, or on the premises or some parcel thereof located in such county, parish, or city, as such court directs, unless the court orders the sale of the property or one or more parcels thereof in one or more ancillary districts. (b) After a hearing, of which notice to all in- terested parties shall be given by publication or otherwise as the court directs, the court may order the sale of such realty or interest or any part thereof at private sale for cash or other consideration and upon such terms and condi- tions as the court approves, if it finds that the best interests of the estate will be conserved thereby. Before confirmation of any private sale, the court shall appoint three disinterested persons to appraise such property or different groups of three appraisers each to appraise prop- erties of different classes or situated in different localities. No private sale shall be confirmed at a price less than two-thirds of the appraised value. Before confirmation of any private sale, the terms thereof shall be published in such newspaper or newspapers of general circulation as the court directs at least ten days before con- firmation. The private sale shall not be con- firmed if a bona fide offer is made, under condi- tions prescribed by the court, which guarantees at least a 10 per centum increase over the price offered in the private sale. (c) This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comp- troller of the Currency. (June 25, 1948, ch. 646, 62 Stat. 958; May 24, 1949, ch. 139, § 99, 63 Stat. 104.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 847 (Mar. 3, 1893, ch. 225, § 1, 27 Stat. 751; June 19, 1934, ch. 662, 48 Stat. 1119; Apr. 24, 1935, ch. 77, § 1, 49 Stat. 159; June 19, 1935, ch. 276, 49 Stat. 390).