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Mariam S. Marshall, Esq. (Bar No. 157242)
Zunilda Ramos, Esq. (Bar No. 161114)
MARSHALL & RAMOS, LLP
ATTORNEYS AT LAW
The Westlake Building
350 Frank H. Ogawa Plaza, Suite 603
Oakland, California 94612
Telephone: (510) 835-8359
Facsimile: (510) 835-8259
[email protected]

Attorneys for Trustee,
AUDREY BARRIS

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

In re:

ROBERT EDWARD HAYNER and
JANE E HAYNER,

Debtors.

Case No. 11-51102

Chapter 7

No Hearing Required

NOTICE OF TRUSTEE’S INTENT TO SELL
PERSONAL PROPERTY OF THE ESTATE

TO:

ALL CREDITORS AND PARTIES IN INTEREST

NOTICE IS HEREBY GIVEN that through this Motion Audrey Barris, the Chapter 7 Trustee

(“Trustee “) of the above captioned matter, seeks an order authorizing the Trustee to sell personal property

of the estate consisting of 34,000 shares of stock in BioBancUSA, a California corporation, California Entity

Number C2879570/TAX ID# 20-4882679, held under the name of Hayner Family 2003 Revocable Trust

U/D/T June 24, 2003 (the “BioBancUSA Stock”). The stock of BioBancUSA is not publically traded. The

Trustee has entered into a agreement to sell the BioBancUSA Stock to Richard G. Pivnicay (“Buyer”) for

the sum of $20,000, subject of overbids. The Trustee is informed and believes that the BioBancUSA Stock

is unencumbered. The Trustee has the BioBancUSA Stock in her possession, custody and control.

The Trustee has entered into a contract to sell the BioBancUSA Stock to the Buyer for the sum of

$20,000. The Buyer’s offer is an all-cash offer. The sale of the BioBancUSA Stock is subject to overbids

and contingent upon Bankruptcy Court approval. The Buyer is buying the BioBancUSA Stock without

representations and warranties. The Trustee has received no other offers for the BioBancUSA Stock..

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NOTICE OF TRUSTEE’S INTENT TO SELL PERSONAL PROPERTY OF THE ESTATE

Case: 11-51102 Doc# 45 Filed: 06/21/11 Entered: 06/21/11 12:36:44 Page 1 of 2

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THE SALE OF THE BIOBANCUSA STOCK IS SUBJECT TO OVERBIDS.
OVERBIDDER(S) UNDERSTAND THAT THE SALE OF THE BIOBANCUSA STOCK IS
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONTINGENCIES. THE
OVERBIDS SHALL BE ENTERTAINED ON JULY 6, 2011, AT 11:00 a.m., AT THE LAW
OFFICES OF MARSHALL & RAMOS, LLP, LOCATED AT 350 FRANK H. OGAWA
PLAZA, SUITE 603, OAKLAND, CALIFORNIA 94612. THE OVERBIDS MUST BE IN
INCREMENTS OF $1,000. THE STARTING OVERBID SHALL BE IN THE AMOUNT OF
$21,000. THE SUCCESSFUL OVERBIDDER(S) MUST PROVIDE A DEPOSIT IN THE
AMOUNT OF $5,000 IN CERTIFIED FUNDS AT THE OVERBID SALE. OVERBIDDERS
SHALL ALSO PROVIDE WRITTEN OFFERS AND PROOF OF FINANCIAL ABILITY TO
PERFORM TO THE MARSHALL & RAMOS, LLP OFFICE, ON OR BEFORE 5:00 p.m.,
ON FRIDAY, JULY 1, 2011. OVERBIDDERS MUST ALSO PROVIDE PROOF OF
ABILITY TO PAY THE FULL OVERBID PURCHASE PRICE UPON COURT APPROVAL
OF THE SALE.

It is the Trustee’s business judgment that the sale of the BioBancUSA Stock to the Buyer,

subject to overbids, on the terms and conditions set forth above is in the best interests of the estate and its

creditors. The BioBancUSA Stock is not publically traded and is not sold over the counter. Thus, there is

no ready market for this stock. The Debtors listed the value of the BioBancUSA Stock in their bankruptcy

schedules as $100. The Buyer’s offer in the amount of $20,000, subject to overbids, was the only offer

received by the Trustee.. The Trustee is informed and believes that there is a limited pool of potential

buyers for the BioBancUSA Stock given the fact that this stock is not publically trades and the fact that it

is an “all cash” sale.

Since the Trustee is selling the BioBancUSA Stock directly to the Buyer, the estate is avoiding

broker sales commissions. Consequently, the net recovery by the estate from the sale of the BioBancUSA

Stock will be $20,000.

Any party in interest who wishes to object to the above-described sale of personal property or
wishes a hearing on the Trustee's intention to sell personal property described herein must comply
with Local Rule 9014-1 of the United States Bankruptcy Court for the Northern District of California.
Pursuant to Local Rule 9014-1 an objecting party or party requesting a hearing must file with the
Bankruptcy Court and serve counsel for the Trustee with a written request for hearing or objection,
along with declarations and/or memoranda of law supporting the objection or request for hearing,
within twenty-one (21) days of the mailing of this notice. In the event an objection or request for
hearing is timely made, Trustee's counsel shall obtain a hearing date and provide the objecting party
with at least seven (7) days written notice of the hearing. If no party in interest timely files a request
for hearing or an objection to the proposed sale of personal property the Trustee may obtain an order
approving the sale without a hearing.

Dated: June 21, 2011

MARSHALL & RAMOS, LLP

/s/ Mariam S. Marshall
MARIAM S. MARSHALL
Attorneys for Trustee
AUDREY BARRIS

NOTICE OF TRUSTEE’S INTENT TO SELL PERSONAL PROPERTY OF THE ESTATE

Case: 11-51102 Doc# 45 Filed: 06/21/11 Entered: 06/21/11 12:36:44 Page 2 of 2

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