Details
US Bankruptcy Auction
A 1.64±Acre Residential Lot in Naples, Collier County, Florida
- Prime Location between 45 Avenue NE and 47 Avenue NE on the West side of Everglades Boulevard N
- Within Golden Glades Estates and minutes to Naples, I75 and The Gulf of Mexico
- Perfect to build Custom Home or retain for Future Investment
Terms
UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
(MIAMI, DIVISION)
In re: : CASE NO.: 19-14561-LMI
:
AZUCENA MERLO, : CHAPTER 7
:
Debtor. :
____________________________________/
ORDER GRANTING TRUSTEE’S MOTION FOR ENTRY OF AN ORDER (I)
APPROVING PROCEDURES FOR THE AUCTION AND SALE OF THE ESTATE’S
INTEREST IN VACANT LOT; (II) SCHEDULING AN AUCTION SALE; AND (III)
AUTHORIZING THE TRUSTEE TO SELL THE ESTATE’S INTEREST IN THE
VACANT LOT TO THE HIGHEST BIDDER AT THE AUCTION
FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES PURSUANT
TO 11 U.S.C. §363(f) [D.E. 53]
THIS MATTER, came before the court on November 4, 2019 at 10:30 A.M. to consider the
Motion of Maria Yip, Trustee, for the entry of an Order (I) Approving Procedures for the Auction
and Sale of the Estate’s Interest in Vacant Lot; (II) Scheduling an Auction Sale; and (III)
Authorizing the Trustee to Sell the Estate’s Interest in the Vacant Lot to the Highest Bidder at
the Auction Free and Clear of all Liens, Claims and Encumbrances Pursuant to 11 U.S.C.
ORDERED in the Southern District of Florida on November 12, 2019.
Laurel M. Isicoff
Chief United States Bankruptcy Judge
_____________________________________________________________________________
Case 19-14561-LMI Doc 65 Filed 11/13/19 Page 1 of 6
§363(f) [D.E. 53] (the “Motion”).1 The Court considered argument of counsel for the Chapter 7
Trustee, and has fully considered the record in this matter. Having reviewed the Motion and the
record herein, finding that notice was proper and for the reasons stated on the record, FINDS, as
follows:
A. The Court has jurisdiction over this case pursuant to 28 U.S.C. §§ 157 and 1334.
This matter is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper before this Court
pursuant to 28 U.S.C. § 1408 and 1409. The statutory basis for relief sought herein is Sections
105(a) and 363 of Title 11 of the United State Code.
B. The findings and conclusions set forth herein constitute the Court’s findings of fact
and conclusions of law under Rule 7052 of the Federal Rules of Bankruptcy Procedure.
C. The proposed marketing and bid procedures as set forth in the Motion and this Order
are appropriate and reasonably calculated to provide all interested parties with timely and proper
notice of the auction.
D. Good and sufficient notice of the Motion and the relief sought therein has been given
under the circumstances, and no other or further notice is required. A reasonable opportunity to
object or be heard regarding the relief provided in this Order has been afforded to creditors and
parties of interest.
E. The Trustee has demonstrated a sufficient basis and compelling circumstances
regarding the auction sale of the Vacant Lot and such actions are appropriate exercises of the
Trustee’s business judgment and in the best interests of the Estate. The auction sale of the Vacant
Lot pursuant to the bid procedures is in the best interests of the estate, creditors, and other parties in
interest.
1 All capitalized terms not otherwise defined in this Order shall have the meanings ascribed to them in the
Stipulation.
Case 19-14561-LMI Doc 65 Filed 11/13/19 Page 2 of 6
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IT IS THEREFORE ORDERED AND ADJUDGED as follows:
1. The Trustee’s Motion for the entry of an Order (I) Approving Procedures for the
Auction and Sale of the Estate’s Interest in Vacant Lot; (II) Scheduling an Auction Sale; and (III)
Authorizing the Trustee to Sell the Estate’s Interest in the Vacant Lot to the Highest Bidder at
the Auction Free and Clear of all Liens, Claims and Encumbrances Pursuant to 11 U.S.C.
§363(f) [D.E. 53] is GRANTED.
2. The Auctioneer is authorized to market the vacant lot located at Golden Gate Es
Unit 63 S 105FT Unit 63 S 105 FT, Collier County. The vacant lot is legally described as
follows:
The South 105 Feet of Tract Number 125, GOLDEN GATE
ESTATES, Unit 63, according to Plat thereof as recorded in Plat
Book 7, Page(s) 63, in the Public Records of Collier County,
Florida.
Parcel No. 39843840003
a/k/a (the “Vacant Lot”)
3. The bid procedures described in the Motion and in the auction marketing strategic
plan attached as Exhibit “1” to the Motion, (the “Auction Proposal”) are APPROVED and
incorporated herein by reference. The Trustee is authorized to conduct the auction sale on the terms
set forth in the Motion which are incorporated herein by reference.
4. The Auctioneer is authorized to hold an auction which will run over a two-day
period via the Auctioneer’s online bidding platform/ APP (the “Auction”). Prior to the Auction
the Auctioneer will determine the appropriate amount of the bidding increments.
5. Marketing expenses are capped at $300.00.
6. The Vacant Lot shall be sold to the highest and best bidder with the final bid price
being subject to the Court’s and Trustee’s final approval upon entry of a final sale order.
Case 19-14561-LMI Doc 65 Filed 11/13/19 Page 3 of 6
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7. Norma R. Oddo and Emiliano A. Oddo have filed a Letter of Offer to Purchase
Real Estate [D.E. 45] (the “Standing Offer”). As reflected in the Offer Mrs. And Mr. Oddo have
offered to purchase the Vacant Lot for $12,050.00.
8. At the conclusion of the Auction, the Auctioneer, in consultation with the Trustee
and Trustee’s counsel, shall determine and select the person or entity (the “Successful Bidder”)
making the highest and best bid for the Vacant Lot (the “Successful Bid”).
9. The Successful Bid must be higher than $12,500.00 (plus the 10% buyer’s
premium). In the event that the Standing Offer is the highest bid at $12,050.00, Mrs. and Mr.
Oddo will not pay any buyer’s premium and Fisher Auctions will not receive a commission.
However, if Mrs. and Mr. Oddo bid at the Auction, then they will be responsible for the 10%
buyer’s premium as any other bidder if they become the Successful Bidders.
10. No prospective competitive bidder shall be permitted to bid at the Auction unless
such prospective competitive bidder is a Qualified Bidder. To constitute a Qualified Bidder a
competitive bidder must deliver an initial deposit in the form of a cashier’s check made payable
to Maria Yip, Chapter 7 Trustee to the Trustee’s office located at 2 S. Biscayne Blvd., Suite
2690, Miami, Florida 33131, in the amount of One Thousand Dollars ($1,000.00), twenty-four
hours prior to the Auction ending time.
11. The Successful Bidder and if required, the immediate back-up bidders (the “Back
up Bidders”) will execute an “as is” and “Non-Contingency-All Cash” purchase and sale
agreement immediately following the conclusion of the Auction. Within two business days from
the highest and best bid being approved by the Trustee, the Successful Bidder shall make a
deposit equal to the difference between 10% of the total purchase price and the initial deposit.
The deposit shall be made by the Successful Bidder by delivering a cashier’s check made
Case 19-14561-LMI Doc 65 Filed 11/13/19 Page 4 of 6
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payable to Maria Yip, Chapter 7 Trustee and delivered to the Trustee’s office at 2 S. Biscayne
Blvd. Suite 2690, Miami, FL 33131.
12. The Trustee will then file a motion seeking the approval of the sale by the Court
at a hearing (a “Final Sale Hearing”) as soon as reasonably practicable following the conclusion
of the Auction.
13. Unless extended by the Trustee, the closing will take place within thirty (30)
calendar days after the entry of the final sale order approving the sale of the Vacant Lot to the
Successful Bidder. The Successful Bidder shall select his or her own closing agent to coordinate
and prepare all documents required to effectuate the closing.
14. The Vacant Lot will be sold on an “AS IS” and “WHERE IS” WITH ALL
FAULTS OR DEFECTS WHETHER KNOW OR UNKNOWN AND NO WARRANTIES
OR REPRESENTATIONS WHATSOEVER.
15. To the extent that the stay under Bankruptcy Rule 6004(h) would apply to this
Order, the stay is waived and this Order shall be effective immediately upon its entry.
16. The Trustee is authorized to take all actions necessary to effectuate the relief granted
int his Order. Notwithstanding the preceding, the Trustee shall not be required to execute any
documents other than a Trustee’s Deed to convey the estate’s right, title and interest in the Vacant
Lot to the Successful Bidder.
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Case 19-14561-LMI Doc 65 Filed 11/13/19 Page 5 of 6
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Submitted by
ROBERT A. ANGUEIRA, P.A.
16 SW 1st Avenue
Miami, FL 33130
Tel. 305-263-3328
e-mail Robert@rabankruptcy.com
Copies furnished to:
Robert A. Angueira, Esq.
(Attorney Robert A. Angueira is directed to serve copies of this Order upon the Debtor, the Trustee, the Attorney for
the Debtor, the U.S. Trustee, and all parties who have entered an appearance in this case, upon receipt thereof, and
to file a Certificate of Service with the Court confirming such service.)
HOLD HARMLESS:
Auctioneer cannot, and will not, be held responsible for any interruption in service, bidding extension times, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of Auctioneer’s control. Bidder acknowledges that this Online Auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer may void any sale, temporarily suspend bidding and re-sell the Property that was affected by any malfunction. The decision of the Auctioneer is final.
