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IN RE WADE COOK FINANCIAL CORPORATION

United States Bankruptcy Court, W.D. Washington, Seattle.
Oct 13, 2005
ORDER APPROVING SALE OF PERSONAL PROPERTY FREE AND CLEAR OF LIENS, CLAIMS, AND ENCUMBRANCES

THOMAS GLOVER, Chief Judge

THIS MATTER came on before the Court upon the motion of Diana K. Carey, chapter 11 trustee ("Trustee") for the jointly administered estates of the above named Debtors, for an order, pursuant to 11 U.S.C. § 363, 1) authorizing the Trustee to sell various items of the Debtors' personal property at auction; and 2) authorizing the Trustee to sell any remaining personal property of the Debtors, valued at $3,000 or less, at auction; and the Court, having considered the motion and other papers and files herein, hereby finds as follows:

1. No further notice of this application is required;

2. That the Court previously approved the Trustee's execution of an Auctioneer Engagement Agreement to employ James G. Murphy, Inc. ("Murphy") to auction the Debtors' personal property, and Murphy is qualified to liquidate and obtain the highest and best price for the personal property, which includes one Hewlett Packard printer, approximately 500 books, three cubicle work stations, 5 Apple central processing units, 5 IBM central processing units, one space heater, and miscellaneous computer supplies ("Personal Property");

3. There has been no collusion between the Trustee and Murphy, and the Trustee and Murphy have not taken unfair advantage of any party in interest in connection with the anticipated sales, and any buyer of any of the personal property from the Trustee is and will be entitled to protection as afforded by 11 U.S.C. § 363(m) as to the specific items purchased.

Now, therefore, it is hereby

ORDERED that the Trustee's Motion for Order Approving Sale of Personal Property Free and Clear of Liens, Claims, and Encumbrances is GRANTED;

ORDERED that Murphy is authorized and directed, to sell the Personal Property to one or more buyers for the highest and best price at auction on or around October 19, 2005;

ORDERED that pursuant to 11 U.S.C. §§ 363(f) and 105, Murphy is authorized and directed to sell the Personal Property free and clear of all security interests, liens, claims, and encumbrances ("Liens"), and any Liens shall attach to the proceeds of the Personal Property in their current priority;

ORDERED that Murphy shall deduct the auction costs and commission from the auction proceeds and then promptly distribute the remaining auction proceeds to the Trustee. All other persons claiming any right, title, or interest in the Personal Property by, through or under the Debtors are hereby further barred and foreclosed from any right, title or interest in and to the Personal Property or any part thereof;

ORDERED that except as otherwise set forth in Murphy's agreement(s), Murphy is not assuming or otherwise becoming obligated to honor any debts, liabilities, or obligations of the Debtors, express or implied, liquidated or unliquidated, contingent or otherwise;

ORDERED that this Court shall retain jurisdiction to interpret, enforce, and implement the Agreement between the Trustee and Murphy and this Order;

ORDERED that this Order shall be binding upon the Debtors and their bankruptcy estates, creditors, shareholders, and all other affected parties, including without limitation to parties asserting a claim against or interest in Debtors' estates or the Personal Property, and the respective successors and assigns of any of the foregoing;

ORDERED that the 10-day stay of Fed.R.Bankr.P. 6004(g) is lifted; and

ORDERED that the Trustee may sell any remaining items of the Debtors' personal property, at auction, that are valued at $3,000 or less, without first obtaining court approval.