New Bankruptcy Opinion: IN RE COWLEY – Bankr. Court, D. Utah, 2013





In re: KENDRICK D COWLEY LORENA S COWLEY SSN: XXX-XX-5453 SSN: XXX-XX-0787 Debtor(s).

Bankruptcy No. 12-22663 WTT.

United States Bankruptcy Court, D. Utah.

February 20, 2013.

Elizabeth R. Loveridge (6025), WOODBURY & KESLER, P.C., Salt Lake City, UT, Chapter 7 Trustee.

ORDER GRANTING TRUSTEE’S MOTION TO APPROVE SALE OF PERSONAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS PURSUANT TO 11 U.S.C. § 363

Based upon the Chapter 7 Trustee’s Motion to Approve Sale of Personal Property Free and Clear of All Liens and Interests Pursuant to 11 U.S.C. § 363 filed on January 29, 2013, the Notice of Motion to Approve Sale of Personal Property Free and Clear of All Liens and Interests Pursuant to 11 U.S.C. § 363 and Notice of Opportunity for Hearing filed on the same date, and the Trustee’s Request for Entry of Order filed on February 20, 2013, and being fully advised on the facts and the law, and good cause appearing, the Court

HEREBY ORDERS:

1. That the Chapter 7 Trustee’s Motion to Approve Sale of Personal Property Free and Clear of All Liens and Interests Pursuant to 11 U.S.C. § 363, be, and is, granted, upon the terms set forth in the Trustee’s Motion annexed hereto as Exhibit “1″ and incorporated herein by this reference as if fully set forth herein by this Order.

EXHIBIT “1″

Elizabeth Rose Loveridge #6025 WOODBURY & KESLER, P.C. 265 East 100 South, Suite 300 P. O. Box 3358 Salt Lake City, Utah XXXXX-XXXX Telephone: (801) 364-1100

Chapter 7 Trustee

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

In re:

KENDRICK D COWLEY Bankruptcy No. 12-22663 WTT
LORENA S COWLEY
SSN: XXX-XX-5453
SSN: XXX-XX-0787

Debtor(s).

TRUSTEE’S MOTION FOR ORDER APPROVING SALE OF PERSONAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS PURSUANT TO 11 U.S.C. § 363

Elizabeth Rose Loveridge, Chapter 7 Trustee, by and through her counsel of record, and pursuant to 11 U.S.C. § 363 and Fed. R. Bankr. Proc. 6004 hereby respectfully moves this Court for an order authorizing the sale of personal property other than in the ordinary course of business as set forth herein. The sale contemplated is a sale free and clear of liens and interests with valid liens and interests to attach to sale proceeds after costs and expenses have been paid.

1. Terms and Conditions of Sale. The Trustee intends to sell the following personal property: 2005 Chevrolet Malibu, VIN # 1G1ZU54825F232055 (“Property”).

a. The Trustee believes that the highest and best price for the Property will be obtained by selling said Property at public auction performed by the court-appointed auctioneers, Erkelens & Olson, 430 West 300 North, Salt Lake City, Utah 84103, at the next appropriate auction. All inquiries for further information with regard to these contemplated sales should be directed to Erkelens & Olson at (801) 355-6655.

b. Based upon the Trustee’s investigation, there are no liens or encumbrances on the Property.

c. The Debtors have not asserted an exemption in Property.

d. The Trustee’s auctioneer has stated that the Property has a value of approximately $2,000.00.

e. The sale of the Property shall be without warranty or representation and “As Is”. This sale shall be for cash; no terms on bids will be accepted. Any purchaser is considered to have inspected the Property and know of its condition, value and use. In the event the Property purchase is located on premises not belonging the court-appointed auctioneer, the purchaser is responsible for negotiating with the owner of the premises for the use of the premises or for the removal of the Property from the premises. In the event any purchaser fails to perform on the bid, any amount paid shall be forfeited and the bidder shall be liable to the estate for any damages or losses resulting from such failure to perform and the sale of the Property shall go to the next highest and best offer, subject to the Trustee’s right to conduct an auction. The Trustee reserves the right to alter and modify these terms and conditions.

f. To assure that the highest and best price is obtained and that the sale is commercially reasonable, notice of the sale has been provided to all parties in interest as set forth on the mailing matrix in this case. Furthermore, the auctioneer will provide notice of the sale (together with information regarding Property and the terms of sale) to additional parties known by the auctioneer to be interested in the purchase of this type of personal property.

WHEREFORE, based upon the terms and conditions set forth in this motion, the Trustee requests that the Court enter an Order Approving the Sale of the Property Free and Clear of Liens and Interests Pursuant to 11 U.S.C. § 363.

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