28 U.S.C. § 2004
Section 2004 · Sale of personalty generally
Amended 1 time on record
Applied in 15 court decisions — leading case J. Ray McDermott & Co. v. Vessel Morning Star (1972)
Most recently applied in Securities & Exchange Commission v. Janvey (December 2010)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
Federal Rules of Civil Procedure
Execution, see rule 69, Appendix to this title.