Case reg Doc 40 Filed 06/20/16 Entered 06/20/16 14:20:14

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1 Case reg Doc 40 Filed 06/20/16 Entered 06/20/16 14:20:14 LaMONICA HERBST & MANISCALCO, LLP Counsel to R. Kenneth Barnard, Esq., as Chapter 7 Trustee 3305 Jerusalem Avenue, Suite 201 Wantagh, New York Telephone: (516) Gary F. Herbst, Esq. Melanie A. FitzGerald, Esq. Auction Sale Date: July 13, 2016 at 12:00 p.m. UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK x In re: Chapter 7 Case No: REG SCOTT D. MORRELL, Debtor x NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST OF TRUSTEE S INTENDED PUBLIC AUCTION SALE PLEASE TAKE NOTICE that on November 30, 2015, Scott D. Morrell (the Debtor ) filed a voluntary petition for relief pursuant to Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of New York (the Bankruptcy Court ). By Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines filed November 30, 2015, R. Kenneth Barnard, Esq. was appointed the Chapter 7 Trustee of this estate, has since duly qualified and is the permanent Trustee of this estate (the Trustee ). PLEASE TAKE FURTHER NOTICE that on JULY 13, 2016 at 12:00 p.m., the Trustee, by his real estate broker, Keen-Summit Capital Partners LLC ( Keen ) will conduct a public auction sale (the Auction Sale ) of the estate s interest in the real property known as, and located at, 8 Cove Meadow Lane, Oyster Bay, New York and designated Section 27, Block G, Lot 1654 (the Real Property ). PLEASE TAKE FURTHER NOTICE that the Auction Sale of the Real Property shall be conducted on July 13, 2016 at 12:00 p.m., in Courtroom 870 at the United States Bankruptcy Court, Eastern District of New York, Alfonse M. D Amato Federal Courthouse, 290 Federal Plaza, Central Islip, New York Registration for the Auction Sale will commence on July 13, 2016 at 11:00 a.m. PLEASE TAKE FURTHER NOTICE that in order to be permitted to bid on the Real Property, prior to the commencement of the Auction Sale, every prospective bidder (each a Bidder ) must deliver to Keen a bank check made payable to R. Kenneth Barnard, Esq., as Trustee as follows: REAL PROPERTY Qualifying Deposit 8 Cove Meadow Lane Oyster Bay, New York $65,000.00

2 Case reg Doc 40 Filed 06/20/16 Entered 06/20/16 14:20:14 PLEASE TAKE FURTHER NOTICE that the Real Property is being sold by the Trustee as is, where is, with all faults, and without any representations or warranties of any kind. PLEASE TAKE FURTHER NOTICE that the Trustee intends to sell the Real Property free and clear of any and all liens, claims, encumbrances, interests, judgments and/or mortgages, or adverse claims to title, of whatever kind or nature (collectively, the Liens ), with such Liens, if any, to attach to the respective net proceeds of sale from the Real Property. PLEASE TAKE FURTHER NOTICE that Terms and Conditions of Sale shall govern the Auction Sale and the solicitation of offers to purchase the Real Property including but not limited to that: (i) any offeror must agree to be bound by the Terms and Conditions of Sale approved by the Bankruptcy Court; (ii) any offer shall not be contingent upon the receipt of financing necessary to its consummation; (iii) any offeror shall have demonstrated evidence of its ability to conclude the transaction upon these terms and conditions of the Auction Sale, without delay; (iv) any offer shall not be conditioned upon the outcome of unperformed due diligence by the offeror; and (v) the highest and best bidder shall be responsible for the payment of any and all transfer taxes, surcharges, and filing and recording fees evidencing the sale of the Real Property. PLEASE TAKE FURTHER NOTICE that complete copies of the terms and conditions of sale of the Real Property and dates and times for inspections of the Real Property will be posted on Keen s website located at PLEASE TAKE FURTHER NOTICE that any requests for additional information about the Real Property may be obtained by contacting the counsel to the Trustee, LaMonica Herbst & Maniscalco, LLP, Melanie A. FitzGerald, Esq., at mfitzgerald@lhmlawfirm.com or (516) , or Keen at (646) PLEASE TAKE FURTHER NOTICE that a hearing to confirm the results of the Auction Sale shall be held before the Honorable Robert E. Grossman, United States Bankruptcy Judge, in Courtroom 860 at the United States Bankruptcy Court for the Eastern District of New York, Alfonse D Amato Federal Courthouse, 290 Federal Plaza, Central Islip, New York on July 18, 2016 at 9:30 a.m. Dated: June 20, 2016 Keen-Summit Capital Partners LLC 1 Huntington Quadrangle, Suite 2C04 Melville, New York Telephone: (646) R. Kenneth Barnard, Esq., as Chapter 7 Trustee c/o LaMonica Herbst & Maniscalco, LLP Gary F. Herbst, Esq. & Melanie A. FitzGerald, Esq Jerusalem Avenue, Suite 201 Wantagh, New York Telephone: (516) Fax: (516)

3 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK X In re: SCOTT D. MORRELL, Chapter 7 Case No REG Debtor X ORDER PURSUANT TO 105(a), 363 AND 704 OF THE BANKRUPTCY CODE AND RULES 2002, 6004, 9006 AND 9014 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE: (I) AUTHORIZING A PUBLIC AUCTION SALE OF THE DEBTOR S REAL PROPERTY LOCATED AT 8 COVE MEADOW LANE, OYSTER BAY, NEW YORK 11771, AS IS AND WHERE IS, FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS, WITH SUCH LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS TO ATTACH TO THE NET PROCEEDS OF THE SALE; (II) APPROVING THE TERMS AND CONDITIONS OF SALE; (III) SCHEDULING A HEARING TO CONFIRM THE RESULTS OF THE AUCTION SALE OF THE REAL PROPERTY TO THE HIGHEST OR BEST BIDDER; AND (IV) GRANTING RELATED RELIEF Upon the Motion, on shortened notice dated June 1, 2016 (the Motion ) [dkt item 35] of R. Kenneth Barnard, Esq., Chapter 7 Trustee (the Trustee ), of the estate of Scott D. Morrell (the Debtor ), by and through his attorneys, LaMonica Herbst & Maniscalco, LLP, pursuant to 11 U.S.C. 105(a), 363 and 704 and Rules 2002, 6004, 9006 and 9014 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) seeking the entry of an order pursuant to, inter alia, 105(a), 363 and 704 of Title 11 of the United States Code (the Bankruptcy Code ) and Rules 2002, 6004, 9006 and 9014 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) authorizing and approving: (i) a public auction sale (the Auction Sale ) of the real property located at 8 Cove Meadow Lane, Oyster Bay, New York 11771, further identified as Section 27, Block G and Lot 1654 (the Property ), as is and where is free and clear of all liens, claims, encumbrances and interests, with such liens, claims, encumbrances and interests to attach to the net proceeds of sale; (ii) approving the proposed Terms and Conditions of Sale, copies of which are annexed to the Motion as Exhibit A ; (iii) scheduling a hearing to confirm results of the Auction Sale of the Real Property to the highest or best bidder(s) at the

4 public sale; and (iv) granting such other and further relief as this Court deems just and proper under the circumstances; and the Court having entered an Amended Order Scheduling a Hearing on Shortened Notice to consider the relief requested in the Motion (the OSH ) [dkt item 37] for June 13, 2016 at 9:30 a.m. (the Hearing ); and Gary F. Herbst, Esq., of LaMonica Herbst & Maniscalco, LLP, having appeared at the Hearing on behalf of the Trustee, and Shari Barak, Esq., of Shapiro, DiCaro & Barak, LLC, having appeared at the Hearing on behalf of secured creditor Chase Manhattan Mortgage; and upon the Affidavit of Service of the Motion and the OSH, which is on file with the Court [dkt item 38]; and upon the record of the Hearing, the transcript of which is incorporated by reference herein and no opposition having been filed with the Court with respect to the relief sought in the Motion; and no further notice being necessary or required; and the Court having found that the relief requested in the Motion satisfies the standards under the Bankruptcy Code and Bankruptcy Rules; and after due deliberation, it is hereby ORDERED, that all capitalized terms used but not defined herein shall be ascribed the same meaning(s) as set forth in the Motion and the Terms and Conditions of Sale; and, it is further ORDERED, that the Trustee is authorized to proceed with the Auction Sale of the Real Property; and, it is further ORDERED, that the Terms and Conditions of Sale, substantially in the form annexed to the Motion as Exhibit A are approved and shall govern the bids relating to the Real Property; and, it is further ORDERED, that all bids for the Real Property shall be submitted in accordance with the Terms and Conditions of Sale; and, it is further ORDERED, that the Auction Sale of the Real Property shall be conducted on July 13, 2016 at 12:00 p.m., in Courtroom 870 at the United States Bankruptcy Court, Eastern District

5 of New York, Alfonse M. D Amato Federal Courthouse, 290 Federal Plaza, Central Islip, New York 11722; and, it is further ORDERED, that a hearing to confirm the results of the Auction Sale shall be held before this Court on July 18, 2016 at 9:30 a.m., in Courtroom 860 at the United States Bankruptcy Court, Eastern District of New York, Alfonse M. D Amato Federal Courthouse, 290 Federal Plaza, Central Islip, New York 11722; and, it is further ORDERED, that the Trustee and his professionals are authorized to do such things, execute such documents and expend such funds as may be reasonably necessary to effectuate the terms and conditions of this Order and the sale of the Real Property, except that none of the sale proceeds shall be distributed without further order of this Court; and, it is further ORDERED, that the Court shall retain jurisdiction over any matter or dispute arising from or relating to the implementation of this Order. Dated: Central Islip, New York June 20, 2016 Robert E. Grossman United States Bankruptcy Judge