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Order Approving Employment Of Auctioneer Form. This is a Florida form and can be use in USBC Southern Federal.
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Tags: Order Approving Employment Of Auctioneer, LF-23, Florida Federal, USBC Southern
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
www.flsb.uscourts.gov
In re:
Case No.
Chapter
Debtor
/
ORDER APPROVING EMPLOYMENT OF AUCTIONEER
THIS CAUSE having come before the court upon the application of the trustee
[debtor in possession] ("trustee"), pursuant to 11 U.S.C. §327, Bankruptcy Rule 2014, and
Local Rule 6005-1, seeking the entry of an order approving the retention of
auctioneer]
[name of
, ("Auctioneer") subject to the terms and conditions delineated therein,
relative to a potential auction of [general description of property] ("Property"). The
application was considered ex parte and the court finds that no notice or hearing was
necessary under the circumstances [or the application was heard by the court on
]. The court having considered the record finds good cause to
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approve the retention and compensation of Auctioneer pursuant to the terms and
conditions stated in the application. It is
ORDERED that the application is GRANTED, as follows:
1. The retention of Auctioneer is APPROVED with compensation to be based upon
[describe method of compensation delineated in application]. The maximum amount of
costs and expenses to be expended by and reimbursed to the Auctioneer is
.
2. Auctioneer is disinterested as defined in the Bankruptcy Code pursuant to the
Affidavit of Auctioneer attached to the Application. The Auctioneer and trustee have
certified that (i) Auctioneer is licensed as an auctioneer and covered by the Florida
Auctioneer Recovery Fund and is authorized to conduct auctions in the State of Florida
pursuant to Florida Statutes §468.381 et seq or 468.387 for out-of-state auctioneer; (ii)
Auctioneer has posted a Fiduciary and Faithful Performance (Surety) Bond in the amount
of $
[an amount greater than the revenues expected to be generated by
the auction of the Property]; [Alternatively, Auctioneer has posted an annual blanket bond
in the amount of
, which is greater than the revenues expected to be
generated by the auction of the Property]; (iii) The bonds are issued by a surety company
approved by the Department of the Treasury and in favor of the United States of America;
and (iv) True copies of the license and bond were attached to the Application.
3. Trustee shall serve this order on the U.S. Trustee and all creditors together with
service of the notice pursuant to Bankruptcy Rules 2002(a)(2), 2002(c)(1), and 6004.
4. Upon completion of the auction, Auctioneer shall file with the court a report
summarizing the results of the auction and stating the fees and expenses which will be paid
to the Auctioneer in accordance with this order. The report shall be served only on the U.S.
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Trustee, the trustee and any other party who specifically requests a copy. The fees and
expenses may be paid without the necessity of further notice or hearing unless a party in
interest files an objection within 10 days from the filing of the report with the court and
service of the report on the parties set forth above.
###
Submitted by:
The party submitting this order shall serve a copy of the signed order on all required parties
and file with the court a certificate of service conforming with Local Rule 2002-1(F).
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