Meeker Sale 8-29-15

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

ORDER APPROVING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS PURSUANT TO 11 U.S.C. § 363; APPROVING REAL ESTATE COMMISSIONS -

JORDAN RAMIS PC 1499 SE Tech Center Place

Suite 380 Vancouver, WA 98683

Telephone: 360-567-3900 Fax: 360-567-3901

UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA

In re: MARK A. LEONARD, Debtor.

No. 13-43836-PBS ORDER APPROVING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS PURSUANT TO 11 U.S.C. § 363; APPROVING REAL ESTATE COMMISSIONS

THIS MATTER having come before the Court upon the Trustee’s Motions for Order

Approving Sale of Real Property Free and Clear of Liens Pursuant to 11 U.S.C. § 363 and

Approving Payment of Real Estate Commissions; it appearing to the Court that the Trustee filed

a Motion approving the sale, and notice thereof was sent to all creditors; the undersigned Trustee

having certified that no response to the Motion has been received by the Trustee; the Court

having read the pleadings in this case, being fully advised in the premises, finding that notice to

creditors and other parties of interest was sufficient, having determined that this sale is in the

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

the following described real property of the above estate for $395,000, all cash at closing, free

and clear of any and all liens and encumbrances pursuant to 11 U.S.C. § 363, to Arrow Timber

______________________________Paul B. SnyderU.S. Bankruptcy Judge

__________________________________________________________________________

Below is the Order of the Court.

(Dated as of Entered on Docket date above)

Entered on Docket August 28, 2015

Case 13-43836-PBS Doc 112 Filed 08/28/15 Ent. 08/28/15 07:50:48 Pg. 1 of 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25




Telephone: 360-567-3900 Fax: 360-567-3901

Framing, LLC and/or assigns, or any other party on the same or better terms:

5225 Meeker Drive, Kalama, WA 98625

described more fully on the attached Exhibit “A”;

IT IS FURTHER ORDERED that Trustee’s real estate agent and buyer’s 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 estate’s carve-out proceeds of

approximately $90,000 shall be paid to the Trustee, RUSSELL D. GARRETT, solely for the

benefit of the estate and its creditors;

IT IS FURTHER ORDERED that the Trustee is authorized to execute and deliver the

Trustee’s Deed prior to closing, together with any other authorizations or documents necessary

or helpful to carry out the terms of the sale;

IT IS FURTHER ORDERED that all other funds shall be held in Trust by the Trustee,

RUSSELL D. GARRETT, pending further Court order;

IT IS FURTHER ORDERED that the Trustee shall receive no more than $7,500 for the

Trustee commission unless the Court authorizes a higher commission in approving the Trustee

Final Report after all creditors filing unsecured claims are paid in full and any other estate

administrative claims;

IT IS FURTHER ORDERED that the escrow company selected by the Trustee, Fidelity

National Title Company of Washington, is authorized to act as the Trustee’s disbursing agent for

purposes of closing and paying liens of encumbrances as well as costs of sale, including realtors’

commissions calculated at 7% of the gross sales price, and the escrow company is not authorized

to close the transaction absent either full payment to the lender or the consent of the lender to

less than full payment on the liens; and


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25




Telephone: 360-567-3900 Fax: 360-567-3901

IT IS FURTHER ORDERED that the 14-day limitation for sale prescribed in

Fed.R.Bankr.P. 6004(h) shall not apply.

///End of Order///

Presented by: JORDAN RAMIS, P.C. By: Russell D. Garrett, WSBA #18657

/s/ Russell D. Garrett

Chapter 7 Trustee


Meeker Sale 8-29-15

Documents

Transcript of Meeker Sale 8-29-15