File: LVCrt-17
United States Bankruptcy Court
Northern District of California
Chapter 7 Case No. 91-34251TC
In Re: Anton Szandor LaVey, Debtor
EX PARTE APPLICATION FOR ENTRY OF ORDER
AUTHORIZING SALE OF REAL PROPERTY
March 10, 1993 (Filed March 15, 1993)
Charles E. Sims, Chapter 7 Trustee for the estate of Anton
Szandor
LaVey, shows as follows:
1. On February 5, 1993, the Trustee served his Notice of
Intent to
Sell Real Property Via Private Sale. A photocopy of the Notice is
attached hereto as Exhibit "A".
2. The Notice directed interested parties to file objections
and
requests for hearing within 5 days before February 26, 1993. The
Trustee's attorneys received no objections or requests for
hearing
on the proposed sale of real property.
3. By his signature below, Steven M. Olson declares under
penalty of
perjury under the laws of the State of California that the
representations contained in this application are true and
correct.
WHEREFORE, Charles E. Sims, Chapter 7 Trustee for the estate
of
Anton Szandor LaVey, requests that the Court enter its order
authorizing sale of real property.
DATED: March 10, 1993
GEARY, SHEA, O'DONNELL & GRATTAN
By /s/ Steven M. Olson
Steven M. Olson
ATTORNEYS FOR CHARLES E. SIMS,
CHAPTER 7 TRUSTEE FOR THE ESTATE
OF ANTON SZANDOR LAVEY
* * *
NOTICE OF INTENT TO SELL REAL PROPERTY VIA PRIVATE SALE
Charles E. Sims, Chapter 7 Trustee for the estate of the above-
referenced Debtor, Anton Szandor LaVey, shows as follows:
1. The court has jurisdiction over this action pursuant to 28
U.S.C.
¤¤1334 and 157 and 11 U.S.C. ¤105. Furthermore this is a core
proceeding pursuant to 28 U.S.C. ¤157(b)(2)(A) and (O).
2. Among the assets in this estate is an undivided one-half co-
ownership interest in property located at 6114 California Street,
San Francisco, California (the "Property"). The other
co-owner is
Diane Hegarty. Diane Hegarty has consented to the Trustee's sale
of
the Property with the parties to share equally in the net sales
proceeds after payment of costs of sale (including without
limitation brokers' commissions). The first $50,000.00 attributed
to
the estate's interest in the property is to be forwarded to the
Debtor in satisfaction of his residential exemption in the
property.
3. The Trustee has agreed to sell the Property to Werby Realty
Co.,
subject to court approval. A photocopy of the Residential
Purchase
Agreement and Deposit Receipt is attached hereto as Exhibit
"A" and
by this reference is incorporated herein. As is set forth in
Exhibit
"A", the buyer is to pay $72,000.00 cash down and is to
execute a
promissory note in favor of the sellers in the principal amount
of
$168,000.00, with interest accruing on the unpaid balance at the
rate of 8% per annum, monthly $1,605.58 payments, the balance due
15
years from the date of sale, and with an $80.28 late charge due
on
any monthly payment tendered more than 10 days after the due date.
The sale is set to close on or after Friday, February 26, 1993,
unless all interested parties stipulate to approve the sale
before
then, in which case the sale will close sooner if the court
approves
the stipulation.
4. If any interested party objects to this sale, they are
directed
to file a written request for hearing, and serve the same upon
the
Trustee's attorneys within five days before February 26, 1993,
the
date set for the sale to close. If no written request for hearing
is
timely filed and served, then the Trustee may close the sale
without
an actual court hearing. If a written request is timely filed,
then
the Trustee will obtain and give notice of a court hearing.
Dated: January 27, 1993
GEARY, SHEA, O'DONNELL & GRATTAN
By /s/ Steven M. Olson
Steven M. Olson
ATTORNEYS FOR CHARLES E. SIMS,
CHAPTER 7 TRUSTEE FOR THE ESTATE
OF ANTON SZANDOR LAVEY