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Notice Of Motion And Motion For Approval Of Trustees Initial Budget Form. This is a California form and can be use in USBC Central Federal.
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Tags: Notice Of Motion And Motion For Approval Of Trustees Initial Budget, BK-111, California Federal, USBC Central
(Name of Trustee)
(Address)
(Telephone)
CHAPTER 7 TRUSTEE
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
In re
Case No.
Chapter 7
NOTICE OF MOTION AND MOTION FOR
APPROVAL OF TRUSTEE'S INITIAL
BUDGET, EMPLOYMENT OF FIELD
REPRESENTATIVE, AUTHORITY TO PAY
FIELD REPRESENTATIVE UP TO $1,500,
OPPORTUNITY TO REQUEST HEARING;
DECLARATION OF TRUSTEE; DECLARATION OF FIELD REPRESENTATIVE,
AND ORDER THEREON.
Debtor
[No Hearing Unless Requested
Local Bankruptcy Rule 111(7)(a)]
TO PARTIES IN INTEREST:
PLEASE TAKE NOTICE that the duly appointed Chapter 7 Trustee has filed the following
motion for court approval of the Trustee's budget and employment of a professional field
representative and payment of up to $1,500 to such field representative. The court may grant the
motion authorizing expenditure of estate funds and retention of a professional field representative
without a hearing unless you file with the court and serve upon the Trustee and the United States
Trustee a written objection to the motion explaining all of the reasons for the opposition WITHIN
TEN DAYS OF THE SERVICE DATE APPEARING BELOW. If an objection is timely filed, the
trustee will set the matter for hearing and notify you of the date and time of the hearing. Failure to
object may be deemed consent to interim authorization of the payments requested by the trustee.
The Trustee moves for an order authorizing employment of a professional field
representative, as follows:
A. Identity of proposed professional field representative:
B. Estimated fees for professional field representative: $
BK-111
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C. Services to be provided by the professional field representative are limited to:
investigating assets and obtaining business records at debtor's premises; obtaining
debtor's internal documents and UCC filings; arranging for storage of estate assets and/or
business records and reviewing records to determine which to discard; overseeing and
return of business premises to the landlord(s) following an auction or a sale and moving
the remaining business assets to storage, or other disposition; obtaining backup
documentation related to collection of accounts receivables, including assets, including
locating bank accounts and preparing inventories; coordinating arrangements for sale or
auction of assets (including obtaining bids from auctioneers and liquidators); making
arrangements for locating and moving of assets (including, but not limited to, picking up
and arranging storage for automobiles and other personal property); examining debtor's
books and records, and preparing information and schedules for trustee review on
potential preference or fraudulent transfer actions; and organizing and researching
various questions that arise with respect to the payment of taxes, liens against property
and other matters.
The Trustee further moves for an order authorizing use of property of the estate under 11
U.S.C. §363(b) pursuant to the following budget:
1. Brief summary case is attached as Exhibit A.
2. Authority to use property of the estate is sought through
one year from the date of this motion).
3. Estimated date for submitting final report is
4. Detail of anticipated expenses is attached as Exhibit B.
(not later than
.
WHEREFORE, the Trustee seeks authority of the court to employ a professional field
representative and to advance monies of the estate in accordance with items 1-4 of the above budget
for the time periods specified in the motion.
DATED:
Chapter 7 Trustee
DECLARATION OF TRUSTEE
I,
, the duly appointed Chapter 7 Trustee, have prepared the
foregoing budget and believe sums up to the amounts specified in each category are reasonable and
necessary for an effective and efficient administration of the estate. If this budget proves to be
inaccurate or infeasible, I will submit corrected budgets as necessary.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this
day of
,
, at
.
Chapter 7 Trustee
2
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DECLARATION OF NON-OPPOSITION
I declare under penalty of perjury that I am employed by the Trustee and as part of my duties
I check all incoming correspondence and opposition to the Trustee's motions. I certify that the
Trustee has not been served with any opposition to the motion filed within 10 days of service of the
motion.
Date
Type Name
Signature
ORDER
The budget motion and motion to employ a professional field representative are approved.
The budget motion is denied.
The motion to employ a professional field representative is denied.
The motions are set for hearing on
interested parties.
and the Trustee is directed to notice
because:
Dated:
JUDGE OF THE UNITED STATES BANKRUPTCY COURT
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA
COUNTY OF
I am employed by the trustee in the above County, State of California. I am over the age of
18 and not a party to the within action. My business address is:
On
, I served the foregoing NOTICE OF MOTION AND MOTION FOR
APPROVAL OF TRUSTEE'S INITIAL BUDGET, EMPLOYMENT OF FIELD
REPRESENTATIVE, AUTHORITY TO PAY FIELD REPRESENTATIVE UP TO $1,500,
OPPORTUNITY TO REQUEST HEARING; DECLARATION OF TRUSTEE; DECLARATION
OF FIELD REPRESENTATIVE, AND ORDER THEREON on the interested parties at their last
known address by placing a true and correct copy thereof in a sealed envelope with first-class
postage fully prepaid in the United States Mail at
, California addressed as
follows:
See Attached List
I declare under penalty of perjury that the foregoing is true and correct.
Date
Type Name
Signature
2002 © American LegalNet, Inc.