IN RE JOHNSON (Bankr.N.D.Ind. 6-18-2009)

IN RE: DWAYNE EUGENE JOHNSON, SR. and THERESA JOHNSON, Chapter 7 Debtors.

CASE NO. 07-20555 JPK.United States Bankruptcy Court, N.D. Indiana, Hammond Division.
June 18, 2009

ORDER REGARDING AMENDED APPLICATION TO EMPLOY AUCTIONEER TO SELL DEBTORS’ PERSONAL PROPERTY (“AMENDED APPLICATION”)
PHILIP KLINGEBERGER, Bankruptcy Judge

The Amended Application was filed by the Chapter 7 Trustee on June 1, 2009. It did not include a copy of an enforceable written contract between the auctioneer and the Trustee, and thus cannot be approved in its present form.

IT IS ORDERED that the Trustee shall file a second amended application which includes a copy of an enforceable written contract between the Trustee and the auctioneer — setting forth all terms of the parties’ agreement as to the auction services to be performed — within 10 days of the date of entry of this order. If the second amended application is timely filed in proper form, the court will approve the Trustee’s request; if the second amended application is not timely filed a proper form, the court will deny the Trustee’s request.

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