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Case 1-12-40652-jf Doc 38 Filed 09/11/12 Entered 09/11/12 15:08:31





UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------x
In re

Woodbury Development, LLC


--------------------------------------------------------x


Debtor.















Chapter 11

Case Nno. 12-40652-jf















ORDER AUTHORIZING RETENTION OF DEBTOR=S BROKER





Upon the application (“Application”) of the above-captioned debtor (ADebtor@),

requesting authorization to retain Prudential Douglas Elliman (“Broker”), to represent the Debtor

herein as real estate broker (Doc. No. 33), and upon the Affidavit of Disinterest by Irene

Nickolai, and it appearing that the Broker represents no interest adverse to the Debtor or its

creditors herein, and that its employment is necessary and in the best interests of the estate, and

after due deliberation and sufficient cause appearing therefor, it is accordingly

ORDERED, that the Debtor be, and it hereby is, authorized pursuant to section

327(a) and 327(e) of the Bankruptcy Code to employ the Broker under the terms set forth in the

Listing Agreement attached to the application; and it is further

ORDERED, that the amount of compensation paid by the Debtor shall be

determined upon appropriate application to the Court pursuant to Sections 330 and 331 of the

Bankruptcy Code, any applicable Standing Orders of the United States Bankruptcy Courts and

the Guidelines of the Office of the United States Trustee; and it is further

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Case 1-12-40652-jf Doc 38 Filed 09/11/12 Entered 09/11/12 15:08:31





ORDERED, that notwithstanding anything to the contrary in the Application or

the Listing Agreement (as defined in the Application) the determination of the amount of fees to

be paid by the Debtor to the Broker shall be subject to a separate application and order of the

Bankruptcy Court; and it is further





ORDERED, that the Broker shall not be entitled to any payments for its services

until such time as a sale of the subject property is approved by the Bankruptcy Court, such sale

closes, and the Broker files a fee application which is approved by the Court; and it is further





ORDERED, that the Court shall retain jurisdiction with respect to all matters

relating to the interpretation or implementation of this Order.













Dated: Brooklyn, New York

September 11, 2012




NO OBJECTION


s/ Greg M. Zipes_________
Office of the United States Trustee









s/Jerome Feller
JEROME FELLER
UNITED STATES BANKRUPTCY JUDGE

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