Application to employ auctioneer - equitatus

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Tracy Green (Bar No. 114876)
WENDEL, ROSEN, BLACK & DEAN LLP
1111 Broadway, 24th Floor
Oakland, California 94607
Telephone: (510) 834-6600
Fax: (510) 834-1928
Email: tgreen@wendel.com
Attorneys for Trustee
Fred Hjelmeset
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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
Wendel, Rosen, Black & Dean LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
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In Re
WALTER J. NG, dba Walter Ng Investors,
dba Walter Ng Realty, and MARIBEL NG,
Debtors.
Case No. 11-45175 RLE
Chapter 7
APPLICATION FOR ORDER
AUTHORIZING EMPLOYMENT OF
AUCTIONEER
[HARVEY BENDIX AUCTIONEERS]
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TO THE HONORABLE ROGER L. EFREMSKY, UNITED STATES BANKRUPTCY JUDGE,
THE DEBTOR, THE DEBTOR’S ATTORNEY, AND THE U.S. TRUSTEE:
The application of Fred Hjelmeset (“Applicant”), trustee of the estate of Walter J. Ng and
Maribel Ng (“Debtors”), respectfully represents and requests authority to retain Harvey Bendix
Auctioneers (“Bendix”), whose address is 1110 N. Puente Street, Brea, California 92821, and
whose phone numbers are (714) 497-6527 and (510 857-7776, as auctioneer for the reasons set
forth herein below:
1. Debtors filed a voluntary petition for relief under United States Code, Title 11,
chapter 11 on May 12, 2011. On November 4, 2011, the case was converted to a chapter 7 and
Applicant was the appointed chapter 7 trustee.
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017527.0001\2182529.1
APPLICATION FOR ORDER AUTHORIZING
EMPLOYMENT OF AUCTIONEER [HARVEY BENDIX
AUCTIONEERS]
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Case: 11-45175 Doc# 455 Filed: 01/19/12 Entered: 01/19/12 12:01:49 Page 1 of 3

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2. Applicant seeks to employ Bendix as an auctioneer to sell assets of the estate of
the Debtors, subject to overbid.
3. Bendix is a full service license and bonded auctioneer in the states of California,
Arizona and Illinois. He specializes in working with the Federal Bankruptcy Courts, but also
works in the private sector and has over 30 years of experience in auctioneering, appraisals,
liquidations and bulk sales in many genres such as commercial, industrial, retail, office, furniture,
vehicles, jewelry, etc.
4. Originally, Applicant intended to pay Bendix a percentage of 10% of sale prices;
however, Applicant did not submit his application until he understood the magnitude of the assets
immediately available for sale. Applicant decided to wait until the nature and extent of the assets
Wendel, Rosen, Black & Dean LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
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involved was determined. Upon determination of the nature and extent of the assets, Bendix
agreed to perform his services for an hourly rate of $125 an hour which sum will cost the estate
less than the percentage basis, which is far more beneficial to the estate.
5. This application will be retroactive to December 12, 2011, which was the date
Bendix first inspected the estate’s assets at the Debtors’ home. As of this date, he has worked
less than 15 hours, and he has bids on property for approximately $40,000 that will be the subject
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of a separate motion. Assuming those sales close, Bendix would be paid $1,875 if he is paid by
the hour, and $4,000 if he receives a percentage.
6. To the best of Applicant’s knowledge, Bendix does not have any connection with
the Debtors, their creditors, any other party in interest, their respective attorneys or other
professionals, the U.S. Trustee, or any person employed in the office of the U.S. Trustee. Bendix
represents and holds no interest adverse to this bankruptcy estate in matters upon which he is to
be retained.
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017527.0001\2182529.1
APPLICATION FOR ORDER AUTHORIZING
EMPLOYMENT OF AUCTIONEER [HARVEY BENDIX
AUCTIONEERS]
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Case: 11-45175 Doc# 455 Filed: 01/19/12 Entered: 01/19/12 12:01:49 Page 2 of 3

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WHEREFORE, the Applicant requests the entry of an order authorizing him to employ
Bendix as auctioneer, subject to the terms of this application and its agreement.
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Dated: January 17, 2012
By /s/ Tracy Green
Tracy Green
Attorneys for Trustee
Fred Hjelmeset
Wendel, Rosen, Black & Dean LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
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017527.0001\2182529.1
APPLICATION FOR ORDER AUTHORIZING
EMPLOYMENT OF AUCTIONEER [HARVEY BENDIX
AUCTIONEERS]
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Case: 11-45175 Doc# 455 Filed: 01/19/12 Entered: 01/19/12 12:01:49 Page 3 of 3