UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 11-51102
NO HEARING REQUIRED
ROBERT EDWARD HAYNER, and
JANE E. HAYNER,
NOTICE OF TRUSTEE'S INTENT TO SELL PERSONAL PROPERTY
TO ALL CREDITORS AND PARTIES IN INTEREST
NOTICE IS HEREBY GIVEN that, AUDREY BARRIS, the Chapter 7 Trustee of the above-
referenced estate (“Trustee”), intends to sell the estate’s interest in a 1997 Mercedes SL 320 (the
“Automobile”), to the Debtors for the sum of $6,000, subject to overbids and bankruptcy court approval.
The Debtors’ scheduled the value of the Automobile at $13,285. The Trustee’s inspection of the
Automobile indicates that it has a current fair market value closer to $6,000 based on its condition. The
Trustee has confirmed this valuation by consulting an auctioneer. The Debtors did not claim an exemption
in the Automobile. The Automobile is currently in the custody and control of the Debtors.
The Trustee proposes to sell the Automobile in its “as is” and “where is” condition to the
Debtors, subject to overbids. The overbid sale shall take place on September 8, 2011 at 10:00 a.m.
at the offices of Marshall & Ramos, LLP located at 350 Frank H. Ogawa Plaza, Suite 603, Oakland,
CA 94612. The starting overbid shall be $6,500 and all subsequent overbids shall be made in $500
increments. The sale will be an “all cash” transaction.
It is the Trustee’s business judgment that the proposed sale of the Automobile to the Debtors for
the sum of $6,000 is in the best interest of the estate and its creditors. The Automobile is a depreciating
asset and it must be liquidated forthwith in order to maximize the recovery for the benefit of creditors. The
Debtors have offered to purchase the Automobile for its current fair market value. The Debtors need the
Automobile for their daily lives and have an interest in retaining it.
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 the 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 the Trustee may obtain an
order approving the sale without a hearing.
DATED: This 24th day of August 2011
/s/ Mariam S. Marshall
MARIAM S. MARSHALL, ESQ. (#157242)
MARSHALL & RAMOS, LLP
Attorneys for Trustee
350 Frank H. Ogawa Plaza, Suite 603
Oakland, California 94612
Telephone: (510) 835-8359
Case: 11-51102 Doc# 60 Filed: 08/24/11 Entered: 08/24/11 12:52:06 Page 1 of 1