Roy M. Terry, Jr., VSB # 17764

SANDS ANDERSON PC

P.O. Box 2188

Richmond, VA 23219-2188

Telephone: 804.648.1636

 Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION

In re: RENEE DENISE CRENSHAW, Case No.: 17-35091-KRH

Chapter 7

Debtor. 

TRUSTEE’S APPLICATION TO EMPLOY AUCTION.COM

AS AUCTIONEER AND SEAN RYAN AS LISTING AGENT

PURSUANT TO 11 U.S.C. §§ 327 AND 328

COMES NOW, the Chapter 7 Trustee, Roy M. Terry, Jr. (the “Trustee”), pursuant to 

11 U.S.C. §§ 327 and 328(a), and in accordance with Federal Rule of Bankruptcy Procedure 

2014, and hereby requests authorization to employ Auction.com ("ADC" and/or "Auctioneer") 

as auctioneer under the terms set forth in the agreement dated May 29, 2018 (the “Marketing 

Agreement”), attached to ADC’s Affidavit of Disinterestedness (Composite Exhibit A, attached) 

and Sean Ryan as listing agent (the “Listing Agent”) under the terms set forth in the agreement 

dated March 12, 2018 (the “Listing Agreement”), attached to Listing Agent’s Affidavit of 

Disinterestedness (Composite Exhibit B, attached). In support thereof, the Trustee respectfully 

states as follows:

JURISDICTION

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 

1334.

2. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).

3. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

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BACKGROUND

4. On October 11, 2017 (the “Petition Date”), Renee Denise Crenshaw (the 

"Debtor") commenced this case by filing a voluntary petition for relief under Chapter 7 of the 

United States Bankruptcy Code.

5. On October 12, 2017, Roy M. Terry, Jr. was appointed as the Chapter 7 Trustee in 

this case and he continues to serve in that capacity.

6. Pursuant to 11 U.S.C. § 327(a) and subject to this Court's approval, the trustee is 

empowered to employ auctioneers and listing agents to assist the Trustee in carrying out his 

duties.

7. The Trustee requires the assistance of a competent and experienced 

auctioneer/listing agent to enable him to properly perform his statutory duties. Such assistance 

will involve, without limitation, the marketing and sale of the real property commonly known as 

5012 Erringer Place, Philadelphia, PA 19144 (the “Property”), in which the Debtor has a 100% 

ownership interest, to benefit the bankruptcy estate.

8. The Trustee has selected Auction.com as the Auctioneer and Sean Ryan as the 

Listing Agent, because of their knowledge and experience in liquidation of assets. 

9. By separate motion, the Trustee requests the entry of an order approving the sale 

of the Property by auction, using ADC’s services. 

10. To facilitate the orderly sale of the Property, the Trustee requests authority 

pursuant to Bankruptcy Code §§ 327 and 328(a) to (i) employ ADC to market the Property for 

sale and conduct the Auction, and to pay the Buyer’s Premium directly to ADC at closing of the 

sale of the Property, and (ii) employ the Listing Agent to conduct open houses and to facilitate 

communications with prospective buyers, and to pay the Commission.

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APPLICATION

A. ADC Should Be Retained and Compensated for the Public Auction of the Property

11. Bankruptcy Code § 328(a) provides, in relevant part, that a trustee “with the 

court’s approval, may employ or authorize the employment of a professional person under 

section 327...on any reasonable terms and conditions of employment, including on a retainer, on 

an hourly basis, on a fixed percentage or fee basis, or on a contingent fee basis.” 11 U.S.C. 

§ 328(a). Section 328 of the Bankruptcy Code permits the Court to approve ADC’s 

compensation arrangement as set forth in the Marketing Agreement, and the Court may then 

allow compensation different from the terms provided in the Marketing Agreement only “if such 

terms and conditions prove to have been improvident in light of developments not capable of 

being anticipated at the time of the fixing of such terms and conditions.” 

12. ADC operates and manages one of the largest online real estate auction platforms 

in the country, conducting residential and commercial real estate auctions and providing 

marketing services to promote the auction of assets for clients. ADC has extensive experience 

marketing real property sales and conducting online auctions, thereby creating a process to 

liquidate the Property with significantly faster and better execution for the estate. The Trustee 

believes that the highest and best value for the Property will be generated via ADC’s online 

auction and that an online auction is in the best interest of the estate. The Trustee further 

believes that the retention of ADC is in the best interests of the estate.

13. ADC is licensed and bonded as a real estate agent/broker and is authorized to 

conduct auctions in the State of Pennsylvania. ADC has also submitted an appropriate bond to 

the US Trustee with regard to selling the Property. 

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14. ADC will be paid a commission equal to five percent (5%) of the Winning Bid 

Amount, which will be charged as a “Buyer’s Premium” payable by the purchaser(s) at closing 

directly to ADC. The Buyer’s Premium will only be paid if the Property is successfully sold to a 

third party bidder. If the Property is ultimately sold back to the Secured Creditor by credit bid, 

ADC will not be paid a Buyer’s Premium or commission. Under any scenario, the estate does 

not have any obligation to compensate ADC in any manner.

15. The Trustee submits that ADC’s terms of employment and compensation as set 

out in the Marketing Agreement are reasonable in light of ADC’s extensive experience and the 

nature of the services ADC provides, which do not translate well to hourly billing. Thus, the 

Trustee requests that ADC’s compensation be approved under Section 328(a) of the Bankruptcy 

Code and seeks a waiver of all monthly, interim, and final fee application requirements. As 

further detailed in the sale motion, the Trustee seeks authority to release the Buyer’s Premium to 

ADC at closing, subject only to a successful closing of the sale transaction, without need for 

further order of this Court with respect to the compensation of ADC.

16. ADC attested that it is a disinterested person within the meaning of 

Section 101(14) of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure 2014 and 

2016(a). ADC also attests, pursuant to Bankruptcy Rule 2016, that it shall not split or share the 

five percent (5%) Buyer’s Premium with any other individual or entity.

17. Upon completion of the auction, ADC will provide to the Trustee, for his 

Report of Sale to the Court, a report summarizing the results of the auction 

and stating the fees and expenses paid to ADC in accordance with the 

Order approving its retention. 

B. The Listing Agent Should Be Retained and Compensated in Connection with the 

Sale of the Property

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18. For the aforementioned reasons, the Trustee believes that the highest and best 

value for the Property will be generated via auction and that an auction is in the best interest of 

the estate. To facilitate additional marketing of the Property, open houses, and certain 

communication with prospective buyers, the Trustee also believes the retention of a Listing 

Agent is in the best interest of the estate and its creditors.

19. With respect to sales to third party purchasers only, the Listing Agent will be paid 

a commission equal to three percent (3%) of the Winning Bid Amount, which will be paid by the 

Secured Creditor at closing directly to the Listing Agent. With respect to auctions in which the 

highest bidder is the Secured Creditor, by credit bid, no commission will be paid to the Listing 

Agent. Under no circumstance shall the estate have any obligation to pay the Listing Agent a 

commission.

20. The Trustee submits that the Listing Agent’s terms of employment and 

compensation as set out in the Listing Agreement are reasonable in light of the nature of the 

services the Listing Agent provides. Thus, the Trustee requests that the Listing Agent’s 

compensation shall be approved under Section 328(a) of the Bankruptcy Code and seeks a 

waiver of all monthly, interim, and final fee application requirements. As further detailed in the 

sale motion, the Trustee seeks authority to release the Commission to the Listing Agent at 

closing, subject only to a successful closing of the sale transaction, without further order of this 

Court.

21. The Listing Agent attested that it is a disinterested person within the meaning of 

Section 101(14) of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure 2014 and 

2016(a). The Listing Agent also attests, pursuant to Bankruptcy Rule 2016, that it shall not split 

or share the three percent (3%) Commission with any other individual or entity, except to the 

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extent that the winning bidder is represented by a real estate agent. In that case, the three percent 

(3%) commission shall be split as agreed to between the listing agents.

WHEREFORE, the Chapter 7 Trustee respectfully requests that the Court enter an order 

authorizing the employment of Auction.com as Auctioneer and Sean Ryan as Listing Agent, and 

granting such further relief as it deems just and proper.

Respectfully submitted this 29

th day of May, 2018.

ROY M. TERRY, JR., CHAPTER 7 TRUSTEE

FOR THE BANKRUPTCY ESTATE OF 

RENEE DENISE CRENSHAW

/s/ Roy M. Terry, Jr.

Roy M. Terry, Jr., VSB # 17764

SANDS ANDERSON PC

P.O. Box 2188

Richmond, VA 23219-2188

Telephone: 804.648.1636

ND4815-2905-7126

CERTIFICATE OF SERVICE

I hereby certify that on this 29

th day of May, 2018, a true copy of the foregoing Motion

was electronically filed with the Court using the CM/ECF system which provides electronic 

notification to all parties that receive notice in this case and mailed, postage fully prepaid, to the 

parties on the attached service list and to the following parties1:

John G. Merna, Esquire

The Merna Law Group, PC

3419 Virginia Beach Boulevard, Suite 236

Virginia Beach, VA 23452

 Debtor Counsel

 

1

In accordance with Local Bankruptcy Rule 5005-1(C)(8), when service is made on more than 25 persons or parties, 

the service list is not attached to copies served on each of the persons or parties, but is attached to the original 

Certificate of Service filed with the Court.

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Renee Denise Crenshaw

4211 Dorset Road

Richmond, VA 23234

 Debtor

Mr. Cooper

d/b/a Nationstar Mortgage

8950 Cypress Waters Blvd.

Coppell, TX 75019

Mr. Cooper

d/b/a Nationstar Mortgage

c/o Mary F. Balthasar Lake, Esquire

Shapiro & Brown, LLP

501 Independence Parkway, Suite 203

Chesapeake, VA 23320

 Counsel for Mr. Cooper

Robert Van Arsdale, Esquire

Office of the U.S. Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

Auction.com, LLC

1 Mauchly

Irvine, CA 92618

/s/ Roy M. Terry, Jr.

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 Label Matrix for local noticing Nationstar Mortgage LLC D/B/A Mr. Cooper 

 0422-3 Shapiro & Brown, LLP 

 Case 17-35091-KRH 501 Independence Parkway, Suite 203 

 Eastern District of Virginia Chesapeake, VA 23320-5174 

 Richmond 

 Fri May 25 15:17:35 EDT 2018 

 American Express (p)BANK OF AMERICA Bank of America Home Loans 

 PO Box 981537 PO BOX 982238 P.O. Box 660694 

 El Paso, TX 79998-1537 EL PASO TX 79998-2238 Dallas, TX 75266-0694 

 

 Bank of America Home Loans * Barclays Bank Delaware CJW Medical Center 

 CT CORPORATION SYSTEM PO Box 8803 PO Box 740760 

 4701 COX RD STE 301 Wilmington, DE 19899-8803 Cincinnati, OH 45274-0760 

 Glen Allen, VA 23060-6802 

 Capital One Chase Card Chase Mortgage 

 Po Box 70885 P.O. Box 15298 P.O. Box 24696 

 Charlotte, NC 28272-0885 Wilmington, DE 19850-5298 Columbus, OH 43224-0696 

 Chase Mortgage* Chippenham JW Med Ctrs City National Bank of WV 

 c/o Corporation Service Co. P.O. Box 13620 308 Goff Mountain Road 

 1111 E Main Street, 16th Floor Richmond, VA 23225-8620 Charleston, WV 25313-1415 

 Sparrows Point, MD 21219-0000 

 (p)CITY OF PHILA SCHOOL DISTRICT OF PHILA City of Philadelphia Credit One Bank 

 MUNICIPAL SERVICES BUILDING PO Box 41819 PO Box 98873 

 1401 JOHN F KENNEDY BLVD 5TH FLOOR Philadelphia, PA 19101-1819 Las Vegas, NV 89193-8873 

 PHILADELPHIA PA 19102-1617 

 (p)DISCOVER FINANCIAL SERVICES LLC Enerbank USA James River Emergency Group 

 PO BOX 3025 1245 Brickyard Road Ste 600 P.O. Box 14000 

 NEW ALBANY OH 43054-3025 Salt Lake City, UT 84106-2562 Belfast, ME 04915-4033 

 Macys Nationstar Mortagage Nationstar Mortgage* 

 PO Box 8218 8950 Cypress Waters Blvd Bank of America Center, 16th F 

 Mason, OH 45040-8218 Coppell, TX 75019-4620 1111 East Main Street 

 Richmond, VA 23219-3531 

 Nationwide Credit, Inc Northland Group Ocwen Loan Servicing 

 P.O. Box 14581 PO Box 390846 1661 Worthington Rd Ste 100 

 Des Moines, IA 50306-3581 Minneapolis, MN 55439-0846 West Palm Beach, FL 33409-6493 

 Ocwen Loan Servicing* Onemain Phillips & Cohen Associates 

 Corporation Service Company PO Box 1010 PO Box 5790 

 1111 East Main Street Evansville, IN 47706-1010 Hauppauge, NY 11788-0164 

 Richmond, VA 23219-3531 

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 SYNCB/Care Credit SYNCB/Paypal Extras MC SYNCB/TJX Cos DC 

 PO Box 965036 PO Box 965005 PO Box 965005 

 Orlando, FL 32896-5036 Orlando, FL 32896-5005 Orlando, FL 32896-5005 

 

 Sears/CBNA Sears/CBNA (p)TD BANKNORTH NA 

 PO Box 6282 PO Box 6283 70 GRAY ROAD 

 Sioux Falls, SD 57117-6282 Sioux Falls, SD 57117-6283 FALMOUTH ME 04105-2299 

 WF PLL Wells Fargo Card Sevices John G. Merna 

 P.O. Box 94435 PO Box 14517 The Merna Law Group, P.C. 

 Albuquerque, NM 87199-4435 Des Moines, IA 50306-3517 3419 Virginia Beach Boulevard, #236 

 Virginia Beach, VA 23452-4419 

 Judy A. Robbins Renee Denise Crenshaw 

 Office of the U.S. Trustee - Region 4 -R 4211 Dorset Road 

 701 E. Broad Street, Suite 4304 Richmond, VA 23234-3640 

 Richmond, VA 23219-1849 

 

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