Robert M. Marino, Esq. (VSB #26076) 

Redmon Peyton & Braswell, LLP 

510 King Street, Suite 301 

Alexandria, VA 22314 

(703) 684-2000 

703-684-5109 (fax) 

rmmarino@rpb-law.com 

Proposed Counsel for Kevin R. McCarthy, Trustee

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: 

Carlos Alberto Turriate, 

 Debtor. 

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Case No. 19-10775-KHK 

Chapter 7 

APPLICATION TO EMPLOY REAL ESTATE AGENT AND BROKER 

Kevin R. McCarthy, Trustee (“Applicant” or “Trustee”), the duly appointed Chapter 7 trustee 

for Carlos Alberto Turriate (“Debtor”), by and through the undersigned proposed counsel, pursuant 

to 11 U.S.C. §327 and Bankruptcy Rule 2014, respectfully files his Application seeking approval to 

employ Stephen Karbelk (“Karbelk”) (supported by Stephanie Young and Robert Walters) as the 

real estate agent and team leader of RealMarkets ("Agent") and Agent’s affiliated broker, Century 21 

New Millennium (“Century 21” or “Broker”), as the Trustee’s real estate agent and broker, 

respectively, for the purpose of marketing and selling certain real property more particularly 

described below, and in support thereof states as follows: 

1. On March 12, 2019 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under Chapter 7 of the United States Bankruptcy Code, U.S.C. §101 et seq. (the “Bankruptcy 

Code”), thereby commencing the above-captioned case. Applicant is the duly appointed and 

qualified trustee herein. 

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2. On the Petition Date, the Debtor was the sole owner of improved residential real 

property located at 626 Springhouse Square SE, Leesburg, Loudoun County, Virginia 20175, Tax 

Map No. 48-Z17-47, with a legal description of Section14 Lot 47 Tavistock Farms (the “Property”). 

The Property is improved by a townhome. 

3. In order to market and administer the Property for maximum benefit to the estate and 

its creditors, it is necessary to employ the services of a licensed real estate agent and broker. 

4. Based on the foregoing, the Trustee desires to employ Agent and Broker to procure 

and submit to the Trustee offers to purchase the Property. If the Property is contracted to be sold, 

Broker shall have earned a brokerage fee, subject to Court approval and conditioned and payable 

upon the closing of the sale. The brokerage fee will be six percent (6.0 %) (“Brokerage Fee”) of the 

purchase price if there is no other broker involved in the transaction. If a buyer’s agent is involved, 

the Brokerage Fee would split evenly between the Broker and the buyer’s agent. The Broker is 

expressly prohibited from acting as a designated or dual agent in this case. Payment of the Brokerage 

Fee and any reimbursable costs shall only be made upon further order of the Bankruptcy Court. 

5. Karbelk has considerable experience and expertise as a real estate agent and 

auctioneer in the Northern Virginia market where the Property is located and will provide valuable 

assistance in facilitating a sale of the Property. The Trustee therefore submits that the retention of 

Agent and Broker, under the terms described herein, is appropriate under Section 327 of the 

Bankruptcy Code. 

6. In order to facilitate the sale of the Property under these circumstances, the Trustee 

further requests that the Court authorize Agent and its employees to request and obtain verbal and 

written payoff statements, payment histories, and related information and documents from any 

secured creditor in this case, including (i) Seterus, Inc., and (ii) DiTech Financial, LLC (collectively, 

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the “Secured Creditors”), and to provide such documents as may be reasonably requested by the 

Secured Creditors in connection with any sale. Additionally, the Trustee request that Agent and its 

employees be expressly authorized to communicate with the Secured Creditors for the purpose of 

negotiating and finalizing the terms and conditions under which the Property might be sold free and 

clear of their existing liens. 

7. Agent is authorized, if necessary, to put all utility accounts, including the electric, 

gas, water and sewer accounts, into the name of Stephen Karbelk or RealMarkets, as Agent for the 

Trustee. The Agent shall not be responsible for paying past due amounts that were incurred prior to 

the petition date of the bankruptcy filing. Subject to a further order and approval of the Court, 

Karbelk shall be reimbursed for all utility expenses upon the sale of the Property. 

8. The Agent whom the Trustee proposes to employ has been informed and understands 

that no sale may be consummated until after notice and a hearing and with Court approval. 

9. In addition, to the extent that the Trustee pursues an alternative disposition of the 

Property, including a sale of the available equity to the Debtor, the Trustee seeks authority to employ 

the Agent at the rate of $175/hour to advise the Trustee concerning the value of the Property. In the 

event he deems it advisable, the Trustee will seek this Court’s approval for payment of 

compensation to the Broker for the value of the Agent’s time in assisting the Trustee. 

10. The Trustee believes that the employment of the Agent and Broker on the terms and 

conditions provided for herein is in the best interest of the estate. 

11. To the best of the Debtor’s knowledge, Agent and Broker have no connection with 

the Debtor, its creditors or any other party-in-interest in this case, their respective attorneys or 

accountants, the United States Trustee, or any person employed in the office of the United States 

Trustee, except that Karbelk has a familial connection with members of a law firm that generally 

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represent the homeowner’s association where the Property is located, all as described in the 

Declaration of Stephen Karbelk, which isfiled herewith on behalf of Agent and Broker. The Trustee 

believes that Agent and Broker are disinterested persons as that term is defined in section 101(14) of 

the Bankruptcy Code and satisfy all the requirements for employment as a real estate agent and real 

estate broker under 11 U.S.C. §327(a). 

WHEREFORE, the Trustee respectfully requests the entry of an Order authorizing the 

employment of the Agent and Broker as the real estate agent and real estate broker in this case under 

the terms described hereinabove and for such further relief as the Court deems just and proper. 

Dated: April 9, 2019 Respectfully submitted, 

/s/Robert M. Marino 

Robert M. Marino, Esq. (VSB #26076) 

Redmon Peyton & Braswell, LLP 

510 King Street, Suite 301 

Alexandria, VA 22314 

(703) 684-2000 

703-684-5109 (fax) 

rmmarino@rpb-law.com

Proposed Counsel for Kevin R. McCarthy, Trustee 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on the 9th day of April, 2019, a true copy of the foregoing 

Application was sent via email to the Office of the U.S. Trustee at ustpregion04.ax.ecf@usdoj.gov, 

and via Notice of Electronic Filing to Counsel to Debtor and all registered users in this case pursuant 

to this Court’s CM/ECF policy. 

/s/ Robert M. Marino 

Robert M. Marino 

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