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UNITED STATES BANKRUPTCY COURT DISTRICT OF
Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 1 of 12 UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT IN RE: FREDERICK ANTHONY LUCIES Debtor. ) ) ) ) ) Case No. 11-10780 CAB Chapter 7 Case TRUSTEE’S NOTICE OF INTENT TO SELL A 4/4 VIOLIN, LABELED LAURENTIUS STORIONI, fecit CREMONAE 1776, WITH CASE, AND a 4/4 VIOLIN BOW, STAMPED ALBERT NURNBERGER AT PRIVATE SALE TO MIGUEL MARIANO MENCHU OF 276 INDEPENDENCE DRIVE, CHESTNUT HILL, MA 02467 FOR THE NEGOTIATED SUM OF $15,400, REPRESENTING $15,000 FOR THE VIOLIN AND $400 FOR THE VIOLIN BOW PURSUANT TO 11 USC 363(b) TO ALL PARTIES IN INTEREST: PLEASE TAKE NOTICE: 1. Pursuant to 11 U.S.C. Section 363(b) and Bankruptcy Rules 2002(a), (c)(1) and 6004, this is a notice to SELL CERTAIN PERSONAL PROPERTY owned by the above referenced debtor(s) and property of the bankruptcy estate. The property is that which is or can be used in the ordinary course of business. 2. DESCRIPTION OF THE PROPERTY TO BE SOLD PURSUANT TO 11 U.S.C. SECTION 363(b) A 4/4 VIOLIN, LABELED LAURENTIUS STORIONI, fecit CREMONAE 1776, WITH CASE, AND A 4/4 VIOLIN BOW, STAMPED ALBERT NURNBERGER. 3. VALUATION OF PROPERTY PER DEBTOR’S SCHEDULE B. The Debtor has estimated the value of the violin in his bankruptcy schedules at $5,000.00, the violin bow was not scheduled separately, and therefore no value is shown. The Trustee is aware that the Debtor had received prior to the filing for bankruptcy relief from Peter Prier and Sons Violins, of Salt Lake City, Utah, an Appraisal which in Mr. Prier’s opinion the violin is the work of Lorenzo Storioni, 1776, as indicated by the label which it bears, with a Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 2 of 12 current market value of $135,000.00; and the 4/4 violin bow, which in Mr. Prier’s opinion the bow is the work of Albert Nurnberger, as indicated by the brand stamp which it bears, Circa 1910-1920, with a current market value of $2,200.00. The Trustee is aware of contrary opinion as to the authenticity of the violin as being the work of Lorenzo Storioni and makes no representation as to authenticity and the instrument and bow are sold “as is, where is.” 4. LOCATION OF PROPERTY TO BE SOLD. The property is located at the Trustee’s Office, 1542 Vt. Rt. 107, Royalton, Vermont. 5. TERMS OF SALE: The proposed private sale to Miguel Mariano Menchu of 276 Independence Drive, Chestnut Hill, MA 02467 for the negotiated sum of $15,400, representing $15,000 for the violin and $400 for the violin bow, as more particularly described under the terms of the Purchase and Sale Agreement, attached hereto as Exhibit “” is to OCCUR at the Trustee’s Office at 1542 Vt. Rt. 107, Royalton, Vermont on August 15, 2012 at 10:00 a.m. Cash or check with bank letter of guaranteed payment only. All sales are “as is” and final. 6. LIENS AND INTERESTS: None 7. OBJECTIONS TO THE SALE OF PROPERTY BY PUBLIC AUCTION: If you object to the Notice (Proposed Sale), or wish to file a Counter-Bid, you must file your written objection/counter-bid with Thomas Hart, Clerk of Court, PO Box 6648, U.S. Post Office and Courthouse, 151 West Street, Rutland, Vermont 05702 on or before 4:00 PM on August 10, 2012. A Hearing on the Notice (Proposed Sale) and any objections or counter-bids will be Held at 11:00 AM on August 17, 2012 at the United States Bankruptcy Court, U.S. Post Office and Courthouse, 151 West Street, Room 202, Rutland, Vermont 05702. Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 3 of 12 A copy of such objection/ counter offer MUST BE SERVED on each of the following parties: Raymond J. Obuchowski, Esq., Trustee of the Bankruptcy Estate of Frederick Lucies, PO Box 60, Route 107, Bethel, Vermont 05032 (802) 234-6244; telefax (802) 234-6245. Miguel Mariano Menchu, 276 Independence Drive, Chestnut Hill, MA 02467. Lorie A. Cartwright, Esq., Attorney to Frederick Lucies, 16 High St., Brattleboro, VT 05301. IN THE EVENT OF ANY COUNTER-BID, all sales are upon the same terms and conditions as set forth in the attached Purchase and Sale Agreement. Any Counter-Offers are to be in an increased incremental amount of not less than $500.00 upon the violin, and in an increased incremental amount of not less than $250.00 on the bow. All Counter-bids are to be accompanied by a Deposit of $1,000.00, which Deposit shall be returned to the respective Counter-bidder in the event the Counter-bidder is not the prevailing and successful bidder. In the event, the Counter-bidder is the prevailing bidder, and such Counter-bidder fails to close the sale, that Counter-bidder’s deposit shall be forfeited, and the next highest bidder shall be treated for purposes of the this Sale as the successful bidder. 8. APPROVAL OF SALE ON DEFAULT. If no objection is timely filed with the Court within the aforementioned time, the proposed sale of the property will be approved and executed administratively without further hearing or notice and will be consummated in accordance with the terms of the notice and Purchase and Sale Agreement. Any person filing an objection or counter-offer will be expected to appear in person or by counsel at the hearing. If a party seeks to appear by telephone, arrangements must be made through the Trustee not later than 24 hours prior to the date of the hearing. 9. PARTIES TO BE NOTICED: All creditors, parties in interest and other parties having so requested or appeared will be noticed. Case 11-10780 Doc Desc 10. 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 4 of 12 TIME FOR NOTICING: This notice is required to be deposited in the mail at least twenty (20) days prior to the proposed sale of the property. Inspection of the property and information regarding the property can be obtained by contacting Raymond J. Obuchowski, Esq. at PO Box 60, Bethel Vermont 05032 or at (802) 234-6244, or by email at [email protected]. DATED at Royalton, Vermont: Thursday, July 19, 2012. TRUSTEE OF THE BANKRUPTCY ESTATE OF FREDERICK LUCIES By: /s/ Raymond J. Obuchowski, Esq. Chapter 7 Trustee Obuchowski & Emens-Butler, PC Attorneys to Trustee PO Box 60, Route 107 Bethel, Vermont 05032 (802) 234-6244 (802) 234-6245 telefax [email protected] z:\cases\trustee\lucies, frederick\363 sale violin\notice of intent 363(b).doc Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 5 of 12 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made by and between Raymond J. Obuchowski, Esquire, of Bethel, County of Windsor, State of Vermont, in his capacity as Chapter 7 Trustee of the Chapter 7 Bankruptcy Case of Frederick Anthony Lucies, Case No. 11-10780, District of Vermont,, hereinafter called Seller, and Miquel Mariano Menchu of 276 Independence Drive, Chestnut Hill, Massachusetts 02467, hereinafter called Buyer: 1. The Seller agrees to sell and the Buyer agrees to buy a violin which is purported to be a Laurentius Storioni, fecit Cremonae 1776 Violin and a 4/4 violin bow, stamped ALBERT NURNBERGER1, herein after referred to as the “Property.” Said sale is subject to the approval of the United States Bankruptcy Court and to the requirements of notice and bid as established by 11 U.S.C. §363, the Federal and Vermont Local Bankruptcy Rules, and normal and usual sales procedures which include opportunity for objections and counter-bidding, of which Buyer has placed a bid. 2. PURCHASE PRICE: The total purchase price for both the violin and bow is $15,400.00, broken down as $15,000.00 for the violin2 and $400.00 for the bow, payable as ollows: (a) $1,000.00 to be paid upon signing of Purchase and Sale Agreement by bank check, cashier’s check or other guaranteed funds, to be escrowed pending the entry of an Order approving the sale. In the event the Buyer is not the successful purchaser, all deposit monies shall be returned to the Buyer, except as otherwise provided hereafter in this Agreement. 3. CLOSING: The sale shall be closed immediately upon Seller/Trustee’s fulfillment of his obligations as Trustee in the sale. The Closing shall be held at the offices of the Trustee, or at such other place as is mutually agreed upon by the parties hereto. 4. DELIVERY OF VIOLIN AND BOW: The Seller agrees, upon tender by the Buyer of the purchase price at the time of closing, to execute and deliver to the Buyer a Bill of Sale of all of the Estate’s interest in the subject violin and bow, unless by virtue of either objection or counter-bid they are sold separately, at which time separate Bills of Sale will be provided. Seller shall deliver possession of the violin and bow to the Buyer at the time of closing. 7. INSPECTION: The Buyer has inspected the violin and bow. 8. RISK OF LOSS AND INSURANCE: The parties acknowledge that the property subject to this agreement are, at the time of execution of this Agreement, adequately insured against 1 The Violin and Bow are the subject of Appraisals by Peter Prier & Sons Violins, dated October 4, 2011, which appraisals indicated that it is the opinion of Mr. Prier that the violin is the work of Lorenzo Storioni, and the bow the work of Albert Nurnberger. The Trustee makes no representations or warranties as to the authenticity of being the works as proferred by Mr. Prier, and sells the violin and bow only “as is, where is”. 2 The case is included with the violin. If the bow sells separately, it will be transported in a separate tube. Page 1 of 3 EXHIBIT "1" Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 6 of 12 loss, and that said insurance coverage will remain in effect through the time of closing. In the event that any part of the Property is destroyed or damaged by reason of the perils insured against, and are not restored to their present condition by the date set for closing, the Buyer shall either accept the Property and receive the benefit of all insurance monies recovered on account of such destruction or damage, or immediately terminate this Agreement and receive back all deposit money paid by them. 9. DEFAULT: If Buyer shall fail to complete said purchase as provided herein, or is otherwise in default, Seller may terminate this Contract, retaining all deposit money as agreed as liquidated damages, or may pursue the Seller’s rights to all legal and equitable remedies provided by law. If the Seller does not notify Buyer of Seller’s election of remedies within 30 days following notice of Buyer’s default, Seller’s sole remedy shall be retention of the deposit as agreed and liquidated damages. If Seller fails to close as provided herein, or is otherwise in default, Buyer may terminate this Contract and shall receive back all deposit money and may pursue Buyer’s right to all legal and equitable remedies provided by law. In the event legal action is instituted arising out of a breach of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and court costs. 10. PREPARATION OF DOCUMENTS: Seller shall prepare the Notice of Intent to Sell property pursuant to 11 U.S.C., §363, a copy of the format of the Notice is attached as Exhibit “A” hereto and the Bill of Sale, a copy of the format of the Notice is attached as Exhibit “B” hereto, unless otherwise agreed to by the parties. 11. BENEFIT AND GOVERNING LAW: This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective heirs, successors, administrators and assigns. However, should Buyer die or become disabled prior to closing, this Agreement shall be null and void and all deposit monies shall be returned. This Agreement contains the entire agreement by and between the parties hereto superseding any and all prior agreements, written or oral, affecting said Property. The Agreement shall be governed by the laws of the United States bankruptcy law and the laws of the State of Vermont, as applicable. 12. MODIFICATION AND AMENDMENT: No modification, amendment or deletion affecting this Agreement shall be effective unless in writing and signed by all parties. Page 2 of 3 Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 7 of 12 ___July 17, 2012_________________ Date ___/s/ Raymond J. Obuchowski, Trustee___ Seller- Raymond J. Obuchowski, Esq., Chapter 7 Trustee Bankruptcy Estate of Fred Lucies ___July 18, 2012_________________ Date ___/s/ Miguel Mariano Menchu___________ Buyer- Miguel Mariano Menchu 276 Independence Drive Chestnut Hill, MA 02467 Page 3 of 3 Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 8 of 12 UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT IN RE: FREDERICK ANTHONY LUCIES Debtor. ) ) ) ) ) Case No. 11-10780 CAB Chapter 7 Case TRUSTEE’S NOTICE OF INTENT TO SELL A 4/4 VIOLIN, LABELED LAURENTIUS STORIONI, fecit CREMONAE 1776, WITH CASE, AND a 4/4 VIOLIN BOX, STAMPED ALBERT NURNBERGER AT PRIVATE SALE PURSUANT TO 11 USC 363(b) TO ALL PARTIES IN INTEREST: PLEASE TAKE NOTICE: 1. Pursuant to 11 U.S.C. Section 363(b) and Bankruptcy Rules 2002(a), (c)(1) and 6004, this is a notice to SELL CERTAIN PERSONAL PROPERTY owned by the above referenced debtor(s) and property of the bankruptcy estate. The property is that which is or can be used in the ordinary course of business. 2. DESCRIPTION OF THE PROPERTY TO BE SOLD PURSUANT TO 11 U.S.C. SECTION 363(b) A 4/4 VIOLIN, LABELED LAURENTIUS STORIONI, fecit CREMONAE 1776, WITH CASE, AND A 4/4 VIOLIN BOW, STAMPED ALBERT NURNBERGER. 3. VALUATION OF PROPERTY PER DEBTOR’S SCHEDULE B. The Debtor has estimated the value of the violin in his bankruptcy schedules at $5,000.00, the violin bow was not scheduled separately, and therefore no value is shown. The Trustee is aware that the Debtor had received prior to the filing for bankruptcy relief from Peter Prier and Sons Violins, of Salt Lake City, Utah, an Appraisal which in Mr. Prier’s opinion the violin is the work of Lorenzo Storioni, 1776, as indicated by the label which it bears, with a current market value of $135,000.00; and the 4/4 violin bow, which in Mr. Prier’s opinion the bow is the work of Albert Nurnberger, as indicated by the brand stamp which it bears, Circa EXHIBIT "A" Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 9 of 12 1910-1920, with a current market value of $2,200.00. The Trustee is aware of contrary opinion as to the authenticity of the violin as being the work of Lorenzo Storioni and makes no representation as to authenticity and the instrument and bow are sold “as is, where is.” 4. LOCATION OF PROPERTY TO BE SOLD. The property is located at the Trustee’s Office, 1542 Vt. Rt. 107, Royalton, Vermont. 5. TERMS OF SALE: The proposed private sale to Miguel Mariano Menchu of 276 Independence Drive, Chestnut Hill, MA 02467 under the terms of the Purchase and Sale Agreement, attached hereto as Exhibit “A” is to OCCUR at the Trustee’s Office at 1542 Vt. Rt. 107, Royalton, Vermont on August 15, 2012 at 10:00 a.m. Cash or check with bank letter of guaranteed payment only. All sales are “as is” and final. 6. LIENS AND INTERESTS: None 7. OBJECTIONS TO THE SALE OF PROPERTY BY PUBLIC AUCTION: If you object to the Notice (Proposed Sale), or wish to file a Counter-Bid, you must file your written objection/counter-bid with Thomas Hart, Clerk of Court, PO Box 6648, U.S. Post Office and Courthouse, 151 West Street, Rutland, Vermont 05702 on or before 4:00 PM on August 10, 2012. A Hearing on the Notice (Proposed Sale) and any objections or counter-bids will be Held at 11:00 AM on August 17, 2012 at the United States Bankruptcy Court, U.S. Post Office and Courthouse, 151 West Street, Room 202, Rutland, Vermont 05702. A copy of such objection/ counter offer MUST BE SERVED on each of the following parties: Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 10 of 12 Raymond J. Obuchowski, Esq., Trustee of the Bankruptcy Estate of Frederick Lucies, PO Box 60, Route 107, Bethel, Vermont 05032 (802) 234-6244; telefax (802) 234-6245. Miguel Mariano Menchu, 276 Independence Drive, Chestnut Hill, MA 02467. Lorie A. Cartwright, Esq., Attorney to Frederick Lucies, 16 High St., Brattleboro, VT 05301. IN THE EVENT OF ANY COUNTER-BID, all sales are upon the same terms and conditions as set forth in the attached Purchase and Sale Agreement. Any Counter-Offers are to be in an increased incremental amount of not less than $500.00 upon the violin, and in an increased incremental amount of not less than $250.00 on the bow. All Counter-bids are to be accompanied by a Deposit of $1,000.00, which Deposit shall be returned to the respective Counter-bidder in the event the Counter-bidder is not the prevailing and successful bidder. In the event, the Counter-bidder is the prevailing bidder, and such Counter-bidder fails to close the sale, that Counter-bidder’s deposit shall be forfeited, and the next highest bidder shall be treated for purposes of the this Sale as the successful bidder. 8. APPROVAL OF SALE ON DEFAULT. If no objection is timely filed with the Court within the aforementioned time, the proposed sale of the property will be approved and executed administratively without further hearing or notice and will be consummated in accordance with the terms of the notice and Purchase and Sale Agreement. Any person filing an objection or counter-offer will be expected to appear in person or by counsel at the hearing. If a party seeks to appear by telephone, arrangements must be made through the Trustee not later than 24 hours prior to the date of the hearing. 9. PARTIES TO BE NOTICED: All creditors, parties in interest and other parties having so requested or appeared will be noticed. 10. TIME FOR NOTICING: Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 11 of 12 This notice is required to be deposited in the mail at least twenty (20) days prior to the proposed sale of the property. Inspection of the property and information regarding the property can be obtained by contacting Raymond J. Obuchowski, Esq. at PO Box 60, Bethel Vermont 05032 or at (802) 234-6244, or by email at [email protected]. DATED at Royalton, Vermont: Tuesday, July 17, 2012. TRUSTEE OF THE BANKRUPTCY ESTATE OF FREDERICK LUCIES By: /s/ Raymond J. Obuchowski, Esq. Chapter 7 Trustee Obuchowski & Emens-Butler, PC Attorneys to Trustee PO Box 60, Route 107 Bethel, Vermont 05032 (802) 234-6244 (802) 234-6245 telefax [email protected] z:\cases\trustee\lucies, frederick\363 sale violin\notice of intent 363(b).doc Case 11-10780 Doc Desc 35 Filed 07/19/12 Entered Main Document Page 07/19/12 18:05:13 12 of 12 UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT IN RE: FREDERICK ANTHONY LUCIES Debtor. ) ) ) ) ) Case No. 11-10780 CAB Chapter 7 Case BILL OF SALE In accordance with the Order Approving and Authorizing Chapter 7 Trustee to Sell Certain Personal Property Pursuant to 11 USC § 363 (b), entered on ___________, 2012, and for full receipt of the purchase price recited therein, Raymond J. Obuchowski, the Chapter 7 Trustee, hereby assigns, conveys, quit claims and transfers to Miguel Mariano Menchu or his designee, without warranties of any kind, all of Frederick A. Lucies Bankruptcy Estate’s rights, title and interest in and to any and all of the following described property, sold and transferred by the Trustee “where is, as is”, to the extent that such interests exist, free and clear of all liens and encumbrances of any nature or description whatsoever: A 4/4 VIOLIN, LABELED LAURENTIUS STORIONI, fecit CREMONAE 1776, WITH CASE, AND a 4/4 VIOLIN BOW, STAMPED ALBERT NURNBERGER Dated at Royalton, Vermont, this _____ day of August, 2012 BANKRUPTCY ESTATE OF FREDERICK A. LUCIES By: _________________________________ Raymond J. Obuchowski, Chapter 7 Trustee PO Box 60 Bethel, VT 05032 EXHIBIT "B"
