MARKETING GROUP, INC. Trustee: Elizabeth Rose Loveridge
Tax ID# 93-1142628' Judge Judith A. Boulden
Debtor.
NOTICE OF INTERNET AUCTION SALE OF THE ESTATE'S INTEREST IN
PROPERTY AND NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that Elizabeth R. Loveridge, Chapter 7 trustee in this case ("Trustee"), intends, in the absence of valid objection, to auction on the Internet the property listed below that is included in this bankruptcy estate, free and clear of all liens and or interest, if any, with valid liens and/or interests, if any, to attach to the auction proceeds. BKAssets.com, LLC ("BKAssets") is the Internet auctioneer authorized by the Court to sell the property listed below on an Internet venue selected by BKAssets. BKAssets' compensation shall not exceed ten percent (10%) of the gross sale price. Expenses estimated to not exceed $250.00 may include documents, eBay listing fees, eBay final value fee, and shipping costs.
Description of Property to be sold:
The Trustee intends to sell by lot as indicated, the bankruptcy estate's interest in the following default judgments:
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Lot 1
Adversary
Proceeding
99-2432
99-2473
99-2497
99-2527
99-2383
99-2524
Judgement Debtor(s)
Aclaro, Jovie & Yolanda
Aloe Commodities, International
Broadbeach Entertainment
Concord Travel
Cowen, Pam
Cummings, Kay
Judgment
Amount
$3,795.93
$6,675.08
$20,040.00
$19,039.50
$3,552.50
$23,091.28
Judgment
Date
07-Oct-99
01-Dec-99
09-May-00
18-Sep-00
01-Dec-99
04-May-00
Total: $76,194.29
Lot 2
Adversary
Proceeding
99-2496
99-2406
99-2475
99-2446
99-2462
99-2449
99-2387
99-2528
99-2460
Judgement Debtor(s)
Gleason, Daniel
Henry Kelag Trust
Hilliard, John
Kiamco, Val C, dba VC Kiamco & Assoc.
Liberty, Vincent
Loney, Robert
Maisel. Barron
McCord, Kenneth
Meyer, Daniel
Judgment
Amount
$1 553.49
$9,088.66
$2,103.45
$5,921.84
$3,767.00
$12,959.63
$2,500.00
$13,000.00
$21,000.00
Judgment
Date
07-Oct-99
07-Dec-99
07-Oct-99
14-Dec-99
08-May-00
21-Sep-00
27-Sep-99
06-Jun-00
30-Jun-00
Total:$71,894.07
Total:$73,079.23
Lot 3
Adversary
Proceeding
99-2476
99-2382
99-2498
99-2500
99-2456
99-2465
99-2407
99-2486
Judgement Debtor(s)
Phipps, Michael T.
Reeder, Stephen
Rizzi, Patrick, dba Omar Marketing
Rizzi, Patrick, dba Rami Marketing
Shelton, Linda
Thomson, Rick G.
Totem Kin, Inc.
Williams, Robert
Judgment
Amount
$11,000.00
$25,500.00
$10,426.00
$4,170.39
$2,500.00
$13,000.00
$3,8619.00
$2.6113.84
Judgment
Date
30-May -00
27-Sep-99
06-Jun-00
06-Jun-00
07-Oct-99
30-May -00
25-Aug-00
8-Feb-00
Lot 4
Adversary
Proceeding
99-2494
Judgement Debtor(s)
Spires, Betty
Judgment
Amount
$30,000.00
Judgment
Date
16-Nov-00
Lot 5
Adversary
Proceeding
99-2468
Judgement Debtor(s)
Doran, Timothy
Judgment
Amount
$35,870.96
Judgment
Date
06-Jun-00
Lot 6
Adversary
Proceeding
99-2501
Judgement Debtor(s)
DeWayne, Al O.
Judgment
Amount
$50,486.50
Judgment
Date
21-Sep-00
Lot 7
Adversary
Proceeding
99-2447
Judgement Debtor(s)
Syc, Bruce, dba Sonora Ventures
Judgment
Amount
$54,106.85
Judgment
Date
21-Jun-00
Lot 8
Adversary
Proceeding
99-2492
Judgement Debtor(s)
Spires, William H.
Judgment
Amount
$749,515.50
Judgment
Date
23-Aug-00
(the "Property").
Terms and Conditions of Internet Sale
Start Date: The auction sale will begin on www.ebay.com five (5) business days after the hearing date contained in the Notice of Internet Auction Sale of Estate's Interest in Property ("Notice"), that will be mailed by the Clerk of the United States Bankruptcy Court to all creditors and interested parties.
Preview Period & Viewing: The preview period shall run to the hearing date contained in the Notice plus five (5) additional business days. During this time, a description of the Property and any available due diligence information may be viewed on www.bkassets.com. The Notice will be available to download on www.bkassets.com and review.
Sale Period: BKAssets will conduct the Internet auction sale on the Internet venue known as www.ebay.com. The sale period will be seven (7) days. Prospective bidders will find links at www.bkassets.com and www.ebay.com by which such bidders may access the Internet bidding process.
Reserve or Minimum Price: Using her business judgment, the Trustee has set reserves (minimum prices) before the auction can be closed in the amount of $500.00 per Lot, reserving the right to rerun the auction with lower minimums if the Lots do not sell initially. Should no bid match or exceed the reserve, BKAssets will not close the sale with any potential bidder. BKAssets will report to the Trustee the results of any bids received and recommend to the Trustee a revised reserve bid or another method of sale or abandonment.
Closing Procedures: BKAssets will consider the highest final bid received on each Lot (assuming the reserve bid is met) at the closing of the bidding on eBay the final bid accepted by BKAssets. BKAssets will proceed to close the sale with the final bidder on each Lot. The highest bidder will be required to send BKAssets certified funds within seven (7) days of the close of auction. Within twenty-one (21) days of receiving certified funds, BKAssets will provide the highest bidder with an Assignment or Assignments of Judgment. After closing the sale, BKAssets will provide a report of sale to the Trustee indicating the results of the Sale. The Trustee will file this report with the Court. If the highest bidder does not close, BKAssets reserves the right to proceed to the next highest bid received (assuming the reserve bid is met) on each Lot and close with that bidder. The report tiled by BKAssets will reflect such an event.
Warranties Implied or Stated: The Property will be sold as is, where is, with no warranties implied or stated, subject to any existing liens and encumbrances known or unknown by the Trustee (see Liens & Encumbrances for known amounts). Buyer to pay all costs of registering and/or docketing of judgment( s).
Liens & Encumbrances: The Trustee is not aware of any liens or encumbrances affecting the Property.
Debtor's Exemptions: None.
Due Diligence Information: The Trustee has made available all due diligence information that she has received related to the Property to BKAssets. BKAssets has and will obtain as much information as possible regarding the Property. BKAssets will place all due diligence information on www.bkassets.com and www.ebay.com, where such information will be available to all potential purchasers for viewing and/or downloading.
Disclosures: BKAssets will disclose to all potential bidders on www.bkassets.com and www.ebay.com that the sale is subject to a Bankruptcy Court Order and subject to the terms and conditions set forth in this Application as directed by the Trustee. BKAssets will also make available the bankruptcy case name and case number, and contact information for BKAssets, including BKAssets' address, telephone and facsimile numbers.
Information regarding the Internet Auctioneer and Internet Venue Provider:BKAssets' website specializes in the sale of bankruptcy estate assets, and provides an automated auction venue operated by computer under the Trustee's direction. It is like a traditional auctioneer in the sense that BKAssets is responsible for obtaining information regarding the asset(s) posted for sale, answering the inquiries received via the Internet, and closing the sale which entails obtaining good funds from the buyer and providing title and/or goods as outlined in the sale to the buyer. BKAssets uses an Internet auction venue known as www.ebay.com to obtain the bids from the public. The website, www.ebay.com is known throughout the industry as the largest Internet venue putting millions of buyers and sellers together daily. Ebay does not act as an auctioneer, but instead provides a central venue that can attract a significant number of potential bidders. Ebay does not handle any funds of the estate and/or assets, but charges an advertising fee to BKAssets for the listing of the bankruptcy property. This advertising fee is an expense payable to BKAssets along with its ten percent commission based upon the highest and best bid received from the Internet. BKAssets will collect a document preparation fee and shipping costs from the buyer to offset the potential expenses paid by the estate to BKAssets.
To participate in the auction, a potential bidder should first go to the www.bkassets.com website to view the asset(s) being held pending a sale date (waiting for the hearing date to pass on the Notice). Once the hearing date has passed plus five business days, the Internet auction sale will begin on www.ebay.com. Potential purchasers may obtain the location of the Internet online bidding link through www.bkassets.com. The sale information will also be available on www.ebay.com in the various categories listed by eBay.
NOTICE OF HEARING AND OPPORTUNITY FOR OBJECTION
PLEASE TAKE NOTICE that a hearing on the Motion for an Order Authorizing Trustee to Auction Property of the Estate on the Internet ("'Motion") will be held before the honorable Judith A. Boulden, United States Bankruptcy Judge, in Courtroom 341, Frank E. Moss United States Courthouse, 350 South Main Street, Salt Lake City, Utah, on Wednesday, September 27th, 2006 at 2:00 p.m.
Pursuant to Local Rule 9013-1 (b) and (c), any objections or responses to the Motion shall be made in writing, filed with the above-entitled court, and served upon the undersigned not later than fifteen (15) days after service of the Motion. If an objection to the Motion is not timely filed, the hearing on the Motion will be stricken, an order granting the Motion will be submitted to the Court, and the Trustee will proceed with the auction according to the above-noticed terms and conditions. Parties with questions may contact the
Trustee at (801) 364-1100.
Dated this 28th day of August, 2006.
WOODBURY & KESLER, P.C.
-----------------/s/----------------------¬
David A. Nill
Attorneys for Elizabeth Rose Loveridge
Chapter 7 Trustee
CERTIFICATE OF SERVICE
I hereby certify that I requested that on August 28th, 2006 I requested that the Bankruptcy Noticing Center send and copy of the foregoing NOTICE OF INTERNET AUCTION SALE OF THE ESTATE'S INTEREST IN PROPERTY AND NOTICE OF HEARING to all parties on the mailing matrix. I also hereby certify that on this 28th day of August, 2006, I caused a true and correct copy of the foregoing NOTICE OF INTERNET AUCTION SALE OF THE ESTATE'S INTEREST IN PROPERTY AND NOTICE OF HEARING to be sent via ECF to the registered users as indicated or otherwise mailed, postage prepaid, to:
Office of the United States Trustee Attn: Rayla Meyer (via ECF)
Ken Garff Building
405 South Main Street
Suite 300
Salt Lake City, UT 84111
Jerome Romero (via ECF)
Jones, Waldo, Holbrook & McDonough
170 South Main # 1500
Salt Lake City, UT 84101
Richard L Hill
Corporate Counsel, 4Life Research
Hill, Harrison, Johnson & Schmutz
3319 North University Avenue #200 Provo, UT 84604
Bryce D. Panzer (via ECF) BLACKBURN & STOLL
77 West 200 South, #400
Salt Lake City, UT 84101
Mona Lyman Burton (via ECF)
Holland and Hart
60 East South Temple, Suite 2000
Salt Lake City, UT 84111
Darwin C. Fisher
3651 North 100 East, #250
Provo, UT 84604
R. Mont McDowell (via ECF)
Durham Jones & Pinegar
111 East Broadway, Suite 900
Salt Lake City, UT 84110
Greggory J. Savage
Holme Roberts & Owen
299 South Main Street, Suite 1800 Salt Lake City, UT 84111
Robert J. Schumacher
8 North Center
American Fork, UT 84003
Jeffrey L. Shields
Callister Nebeker & McCullough Gateway Tower East, Suite 900
10 East South Temple
Salt Lake City, UT 84133
Leslie W. Slaugh (via ECF) Howard Lewis & Peterson
120 East 300 North
Provo, UT 84603
Lester F. Smith
1583 East County Line Road, Suite A Jackson, MS 39211
Kent O. Willis (via ECF)
Deputy Utah County Attorney
100 East Center, Suite 2400
Provo, UT 84606
Kim R. Wilson (via ECF)
Snow Christensen & Martineau
10 Exchange Place 11th Floor
Salt Lake City, UT 84145
-----------------/s/---------------
Renee Christensen
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