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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------X In the Matter of Chapter 7 Case No. 01-87061-478 SHIRLEY ANGELO, ORDER AUTHORIZING APPOINTMENT OF AUCTIONEER Debtor. -----------------------------------------------------------X 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 ----------------------------------------------------------X In the Matter of Chapter 7 Case No. 801-80658-511 SHIRLEY ANGELO, APPLICATION FOR AN ORDER AUTHORIZING APPOINTMENT Debtor. OF AUCTIONEER ----------------------------------------------------------X 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. ---------------------------------------------------------X 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
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