Beruflich Dokumente
Kultur Dokumente
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Paul B. Snyder
U.S. Bankruptcy Judge
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In re:
No. 13-43836-PBS
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MARK A. LEONARD,
Debtor.
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THIS MATTER having come before the Court upon the Trustees Motions for Order
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Approving Sale of Real Property Free and Clear of Liens Pursuant to 11 U.S.C. 363 and
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Approving Payment of Real Estate Commissions; it appearing to the Court that the Trustee filed
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a Motion approving the sale, and notice thereof was sent to all creditors; the undersigned Trustee
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having certified that no response to the Motion has been received by the Trustee; the Court
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having read the pleadings in this case, being fully advised in the premises, finding that notice to
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creditors and other parties of interest was sufficient, having determined that this sale is in the
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best interest of the estate, and being fully advised and good cause appearing therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED that the Trustee is authorized to sell
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the following described real property of the above estate for $395,000, all cash at closing, free
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and clear of any and all liens and encumbrances pursuant to 11 U.S.C. 363, to Arrow Timber
ORDER APPROVING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS
PURSUANT TO 11 U.S.C. 363; APPROVING REAL ESTATE COMMISSIONS -
Page 1
Case 13-43836-PBS
Doc 112
Filed 08/28/15
JORDAN RAMIS PC
1499 SE Tech Center Place
Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900 Fax: 360-567-3901
Pg. 1 of 3
Framing, LLC and/or assigns, or any other party on the same or better terms:
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IT IS FURTHER ORDERED that Trustees real estate agent and buyers real estate agent
will divide the total real estate commissions fee of $27,650 directly from closing;
IT IS FURTHER ORDERED that the Trustee, through his closing agent, is authorized to
pay all costs of sale, including commissions, escrow fees, title insurance, underlying liens, real
property taxes, or other authorized costs of sale. The estates carve-out proceeds of
approximately $90,000 shall be paid to the Trustee, RUSSELL D. GARRETT, solely for the
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IT IS FURTHER ORDERED that the Trustee is authorized to execute and deliver the
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Trustees Deed prior to closing, together with any other authorizations or documents necessary
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IT IS FURTHER ORDERED that all other funds shall be held in Trust by the Trustee,
RUSSELL D. GARRETT, pending further Court order;
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IT IS FURTHER ORDERED that the Trustee shall receive no more than $7,500 for the
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Trustee commission unless the Court authorizes a higher commission in approving the Trustee
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Final Report after all creditors filing unsecured claims are paid in full and any other estate
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administrative claims;
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IT IS FURTHER ORDERED that the escrow company selected by the Trustee, Fidelity
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National Title Company of Washington, is authorized to act as the Trustees disbursing agent for
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purposes of closing and paying liens of encumbrances as well as costs of sale, including realtors
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commissions calculated at 7% of the gross sales price, and the escrow company is not authorized
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to close the transaction absent either full payment to the lender or the consent of the lender to
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Page 2
Case 13-43836-PBS
Doc 112
Filed 08/28/15
JORDAN RAMIS PC
1499 SE Tech Center Place
Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900 Fax: 360-567-3901
Pg. 2 of 3
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Presented by:
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ORDER APPROVING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS
PURSUANT TO 11 U.S.C. 363; APPROVING REAL ESTATE COMMISSIONS -
Page 3
Case 13-43836-PBS
Doc 112
Filed 08/28/15
JORDAN RAMIS PC
1499 SE Tech Center Place
Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900 Fax: 360-567-3901
Pg. 3 of 3