UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of Chapter 7

Case No. 01-87061-478

SHIRLEY ANGELO, ORDER AUTHORIZING

APPOINTMENT OF

AUCTIONEER

Debtor.

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UPON the annexed application of KENNETH KIRSCHENBAUM, trustee

herein, dated November 19, 2001, and the affidavit of Charles

Laudisi, auctioneer, sworn to on November 15, 2001 and no adverse

interest being represented and it appearing to be in the best

interest of the estate, it is

ORDERED, that the trustee is authorized to employ CHARLES LAUDISI

as auctioneer, to sell a mobile home which was listed on Schedule B

of the debtor’s petition at a public auction sale, for which

service he is to be paid upon further application to the court

pursuant to the Local Rules of this court and the applicable

schedule of fees pertaining thereto; and it is further

ORDERED, that the auctioneer is authorized to publish notice of the

sale in the New York Times and Newsday pursuant to the local rules

of this Court, and it is further

ORDERED, pursuant to Bankruptcy Rule 9006(c)(1), that the time

required by Bankruptcy Rule 2002(a)(2) for notice of the proposed

sale to creditors, parties in interest and all those filing a

notice of appearance is shortened to ten (10) days.

Dated: Central Islip, New York

November , 2001 HONORABLE DOROTHY T. EISENBERG

UNITED STATES BANKRUPTCY JUDGE

______________________________

NO OBJECTION

UNITED STATES TRUSTEE

 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of Chapter 7

Case No. 801-80658-511

SHIRLEY ANGELO,

APPLICATION FOR AN ORDER AUTHORIZING APPOINTMENT

Debtor. OF AUCTIONEER

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TO: THE HONORABLE DOROTHY T. EISENBERG

UNITED STATES BANKRUPTCY JUDGE:

The application of KENNETH KIRSCHENBAUM, states:

1. I am the Chapter 7 trustee herein, appointed on or about

September 17, 2001.

2. On September 17, 2001, the debtor filed a petition for relief

pursuant to Chapter 7 of Title 11 of the United States Code (the

"Bankruptcy Code"). On Schedule B annexed to the petition, the

debtor listed a mobile home. At the 341 Meeting of Creditors, I was

informed that the asset was purchased by the debtor in 1997 for

approximately $50,000.00. On or about September of 2000, the debtor

received $35,000.00 as beneficiary to a life insurance policy taken

out on her husband. Prior to filing the petition, the debtor used

the proceeds from the insurance policy to pay off the liens

encumbering her mobile home leaving the property free and clear of

all liens.

3. I instructed Charles Laudisi, the proposed auctioneer, to

inspect the property, and to report back to me with his evaluation

of the personalty. Based upon discussions with Mr. Laudisi, I have

determined that a sale of the personalty at public auction will

produce a benefit for the creditors of this estate.

4. I propose to employ Charles Laudisi as auctioneer to sell the

personalty. Mr. Laudisi is an experienced auctioneer, and he has

served as an auctioneer on numerous occasions in connection with

other bankruptcy cases in the United States Bankruptcy Court for

the Eastern District of New York. Annexed is Mr. Laudisi's

affidavit.

5. In order to expeditiously administer this asset, and to limit

the administrative use and occupancy expenses of the estate, I

propose that the time to serve creditors with notice of the sale be

shortened to 10 days pursuant to Bankruptcy Rules 9006 (c) (1) and

2002 (a)(2).

6. To the best of my knowledge Charles Laudisi does not have any

connection with the debtor, its creditors or any other party in

interest, he represents no interest adverse to the estate or its

creditors, and is a disinterested person as that term is defined in

11 U.S.C. Section 101 (14).

WHEREFORE, your affirmant prays for the annexed order for which no

prior application has been made.

Dated: Garden City, New York

November 19, 2001 __________________________________

KENNETH KIRSCHENBAUM, Trustee 200 Garden City Plaza

Garden City, New York 11530

(516) 747-6700

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------X

In the Matter of Chapter 7

Case No. 87061-478

SHIRLEY ANGELO,

AFFIDAVIT

Debtor.

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STATE OF NEW YORK)

ss.:

COUNTY OF QUEENS )

CHARLES LAUDISI, having been duly sworn, deposes and says:

1. That the deponent is an auctioneer, duly qualified.

2. That the deponent maintains his business mailing address as

12-52 Clintonville Street, P.O. Box 570099, Whitestone, New York

11357.

3. That the deponent has served in such capacity in numerous cases

in the U.S. Bankruptcy Court for the Eastern District of New York.

4. That the deponent is licensed by the City of New York, Consumer

Affairs, License No. 696654.

5. That the deponent is bonded for the sum of $100,000.00; a copy

of the continuous bond is on file with the United States Trustee.

6. That the Chapter 7 Trustee, Kenneth Kirschenbaum, proposes to

employ deponent as auctioneer in this case.

7. The deponent agrees that in no event will the deponent’s

fees exceed the Local Bankruptcy Rule schedule of fees set forth

below:

(a) 10% of any gross proceeds of sale up to $50,000.00;

(b) 8% of any gross proceeds of sale in excess of $50,000.00

but not more that $75,000.00;

(c) 6% of any gross proceeds of sale in excess of $75,000.00

but not more than $100,000.00;

(d) 4% of any gross proceeds of sale in excess of $100,000.00

but not more than $150,000.00; and

(e) 2% of any gross proceeds of sale in excess of $150,000.00.

8. The reimbursement of expenses will be set upon the making of a

proper application to the Court and will not exceed the reasonable

and necessary expenses directly related to the sale including

labor, printing, advertising and insurance, but excluding

workers’ compensation, social security, unemployment

insurance, and other payroll taxes. Deponent understands that no

travel expenses shall be allowed, except as ordered by the Court.

9. That the deponent is a disinterested person as that term is

defined in Section 101(14) of the Bankruptcy Code, and does not

hold or represent any interest adverse to the estate herein.

______________________________

CHARLES LAUDISI

Sworn to before me this

____ day of November, 2001.

 

 

_________________________

Notary Public