Order Approving Employment Of Auctioneer (Sample And Form) {LF-23}

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 LF-23 (rev. 12/01/09) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 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. LF-23 (rev. 12/01/09) Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 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 14 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). LF-23 (rev. 12/01/09) Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 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 debtor in possession, 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 [name of auctioneer] ("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. LF-23 (rev. 12/01/09) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com The court having considered the record finds good cause to approve the retention and compensation of Auctioneer pursuant 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) OR (__) Auctioneer has posted an annual blanket bond in in the amount of $_____________, which is greater than the revenues expected to be; (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. LF-23 (rev. 12/01/09) Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 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 14 days from the filing of the report with the court and service of the report on the parties set forth above. ________________________