____________________________________________________

Robert H. Chappell, III, Esquire (VSB No. 31698)

Neil E. McCullagh, Esquire (VSB No. 39027)

Jennifer J. West, Esquire (VSB No. 47522)

Spotts Fain PC

411 East Franklin Street, Suite 600

Richmond, Virginia 23219

Telephone: (804) 697-2000 

Facsimile: (804) 697-2100

Proposed Counsel for Bruce E. Robinson, Chapter 7 Trustee

for the Bankruptcy Estate of Semra Bayram Williams

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

__________________________________________

)

In re: )

) Case No. 18-32849-KLP

Semra Bayram Williams, )

) Chapter 7 Proceeding

Debtor. )

)

APPLICATION TO EMPLOY AUCTIONEER AND MOTION TO APPROVE: 

(I) SALE OF PROPERTY OF THE ESTATE AND 

(II) COMPENSATION OF AUCTIONEER

Bruce E. Robinson, the Chapter 7 Trustee for the Bankruptcy Estate of Semra Bayram 

Williams (the “Chapter 7 Trustee”), by counsel, moves the Court pursuant to 11 U.S.C. §§ 105, 

327, 363, 365 and Rules 2014, 6004 and 9019 of the Federal Rules of Bankruptcy Procedure (the 

“Rule(s)”) to: (i) employ Motley’s Asset Disposition Group (“Motley’s”) to advertise, list and sell 

certain personal Property (defined below) of the Bankruptcy Estate of Semra Bayram Williams 

(the “Debtor”) and (ii) pay the commissions and expenses incurred in connection with the sale. In 

support thereof, the Chapter 7 Trustee states as follows:

PARTIES

1. On or about May 31, 2018, the Debtor filed for relief under Chapter 7 of the United 

States Bankruptcy Code (the “Bankruptcy Code”) in this Court.

2. On June 1, 2018, the Chapter 7 Trustee was appointed interim trustee, and he 

continues to serve as trustee. 

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JURISDICTION

3. This matter is a “core” proceeding as set forth under 28 U.S.C. § 157.

4. Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1334. 

PROPERTY

5. The Debtor is the owner of certain items of personal property including nineteen 

(19) firearms more particularly set out on the attached Exhibit A. (the “Property”).

6. The Debtor’s interest in the Property constitutes property of the Estate pursuant to 

11 U.S.C. § 541.

7. The Trustee has concluded that the Property should be liquidated for the benefit of 

creditors. 

8. After examining multiple options for the sale of the Property, the Trustee now seeks 

to engage Motley’s to sell the Property. 

Application to Employ

9. The Trustee proposes to have Motley’s advertise, list and sell the Property for the 

benefit of the Debtor’s Estate.

10. The Trustee seeks to employ Motley’s based on its experience and expertise in 

selling similar assets.

11. The Trustee proposes to compensate Motley’s in accordance with standard industry 

terms taking into account the particular assets being sold. The proposed contract with Motley’s 

provides for an online auction (the “Auction”) of the Property through which Motley’s will receive 

a commission in the amount of 10% of the sales price, plus a 10% buyer’s premium to be charged 

to the high bidder of each respective item. If the Property does not sell at the Auction, the proposed 

contract provides for the ability to extend the time in which Motley’s may continue to list the 

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Property. A copy of the Auctioneer Agreement for the Auction of Personal Property is attached 

hereto as Exhibit B.

12. Motley’s has no connection with the Debtor, or any creditor or other party in 

interest, their respective attorneys or accountants, the United States Trustee or any person 

employed in the Office of the United States Trustee, nor does it hold any interest adverse to the 

Trustee or the Estate herein in the matters upon which it is be engaged. An Affidavit of 

Disinterestedness containing these facts is attached hereto as Exhibit C.

Motion to Approve Sale and Pay Costs

13. The Trustee also seeks to approve the sale of the Property to a third-party upon the

conclusion of the auction or traditional sale to an interested buyer, according to the business

judgment of the Trustee. 

14. Based upon conversations with Motley’s, the Trustee believes that the process for 

selling the Property will yield sufficient purchase prices. Furthermore, given the nature of the sales 

process, a requirement for further approval by the Court would likely hinder the purchase prices 

for the Property and reduce the recovery for the Debtor’s estate. Therefore, the Trustee is seeking 

approval to sell the Property to the highest bidder and/or any third-party presenting a purchase 

offer the Trustee deems reasonable in the exercise of his business judgment. 

15. Following the payment or satisfaction of the routine costs associated with the sale 

of the Property, including any taxes due to the applicable locality and fees and commissions due 

to Motley’s, the remaining proceeds from the sale shall be paid to the Debtor’s estate as more 

specifically set forth below.

WHEREFORE, the Trustee, by counsel, hereby requests the Court to approve (i) the 

employment of Motley’s to conduct an auction and/or sale of the Property; (ii) the sale of the 

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Property to the highest bidder in connection with the auction to be conducted by Motley’s and/or 

to any third party presenting a purchase offer the Trustee deems reasonable in the exercise of his 

business judgment; (iii) the Trustee taking any reasonable action necessary to consummate the 

sales under the terms of the Auctioneer Agreement for the Auction of Personal Property, pay all 

fees, expenses and costs incurred in connection with the sale of the Property, including all fees or 

commissions due to Motley’s; and (iv) granting such other relief as the Court deems just and 

proper.

DATED: June 4, 2019 BRUCE E. ROBINSON, Chapter 7 Trustee for the 

Bankruptcy Estate of Semra Bayram Williams

By: /s/ Jennifer J. West

 Counsel

Robert H. Chappell, III, Esquire (VSB No. 31698)

Neil E. McCullagh, Esquire (VSB No. 39027)

Jennifer J. West, Esquire (VSB No. 47522)

Spotts Fain PC

411 East Franklin Street, Suite 600

Richmond, Virginia 23219

Telephone: (804) 697-2000 

Facsimile: (804) 697-2100

Proposed Counsel for Bruce E. Robinson, Chapter 7 Trustee

for the Bankruptcy Estate of Semra Bayram Williams

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CERTIFICATE OF SERVICE

I hereby certify that on this 4th day of June, 2019 a true copy of the foregoing Application 

to Employ Auctioneer and Motion to Approve: (I) Sale of Property of the Estate and (II) 

Compensation of Auctioneer was sent by first-class U.S. Mail, postage prepaid, and/or by 

electronic notification to the following and to all parties on the attached service list, constituting 

all necessary parties:

Semra Bayram Williams

3655 Ivyridge Drive

Chester, VA 23831

Debtor

Ross C. Allen, Esquire

Owen & Owens PLC

15521 Midlothian Turnpike #300

Midlothian, VA 23113

Debtor’s Counsel

Bruce E. Robinson, Esquire

P.O. Box 538

South Hill, VA 23970-0538

Chapter 7 Trustee

John P. Fitzgerald, III, U.S. Trustee

Office of the US Trustee - Region 4-R

701 E. Broad Street, Ste. 4304

Richmond, VA 23219

Shannon Pecoraro, Esquire

Office of the U.S. Trustee

701 East Broad Street, Suite 4304

Richmond, VA 23219

/s/ Jennifer J. West

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 Label Matrix for local noticing Afni Ross C. Allen 

 0422-3 Attn: Bankruptcy Owen & Owens PLC 

 Case 18-32849-KLP Po Box 3097 15521 Midlothian Turnpike #300 

 Eastern District of Virginia Bloomington, IL 61702-3097 Midlothian, VA 23113-7313 

 Richmond 

 Mon Jun 3 11:40:45 EDT 2019 

 AmeriCredit/GM Financial (p)AMERICREDIT FINANCIAL SERVICS DBA GM FINAN Americredit Financial Services, Inc.Dba GM F 

 Attn: Bankruptcy PO BOX 183853 P.O Box 183853 

 Po Box 183853 ARLINGTON TX 76096-3853 Arlington, TX 76096-3853 

 Arlington, TX 76096-3853 

 

 Amex Cap1/justice Capital One 

 Correspondence Capital One Retail Srvs/Attn: Bankruptcy Attn: Bankruptcy 

 Po Box 981540 Po Box 30258 Po Box 30285 

 El Paso, TX 79998-1540 Salt Lake City, UT 84130-0258 Salt Lake City, UT 84130-0285 

 Capital One Na Carmax Auto Finance Catherine Slater Crawford, Esq 

 Attn: General Correspondence/Bankruptcy Attn: Bankruptcy Department P.O. Box 238 

 Po Box 30285 Po Box 440609 Upperville, VA 20185-0238 

 Salt Lake City, UT 84130-0285 Kennesaw, GA 30160-9511 

 Citibank/Shell Oil Comenity Bank/Victoria Secret Comenity Bank/dots 

 Centralized Bankruptcy Attn: Bankruptcy Dept Attn: Bankruptcy Dept 

 Po Box 790034 Po Box 182125 Po Box 182125 

 St Louis, MO 63179-0034 Columbus, OH 43218-2125 Columbus, OH 43218-2125 

 Comenity Capital Bank/HSN Comenity Capital/mprc Comenitybank/New York 

 Attn: Bankruptcy Dept Attn: Bankruptcy Dept Attn: Bankruptcy Dept 

 Po Box 18215 Po Box 182125 Po Box 182125 

 Columbus, OH 43218-0000 Columbus, OH 43218-2125 Columbus, OH 43218-2125 

 Commissioner of Revenue Dallas J Williams (p)DELL FINANCIAL SERVICES 

 P.O. Box 124 3455 Ivyridge Dr P O BOX 81577 

 Chesterfield, VA 23832-0908 Chester, VA 23831-4954 AUSTIN TX 78708-1577 

 Divaris Property Management Co John P. Fitzgerald, III Genito Crossing Shopping Cente 

 200 S 10th St #1010 Office of the US Trustee - Region 4 -R 11168 Hull St. Rd. 

 Richmond, VA 23219-4091 701 E. Broad Street, Ste. 4304 Midlothian, VA 23112-3252 

 Richmond, VA 23219-1849 

 Gurpal S. Bhuller Haynes Home Furnishing Heartland Payment Systems 

 c/o Kerry Brian Hutcherson Attention: Legal 1 Heartland Way 

 P.O. Box 58 5324 Virginia Beach Boulevard Jeffersonville, IN 47130-5870 

 Chesterfield, VA 23832-0001 Virginia Beach, VA 23462-1828 

 Kohls/Capital One Heather D. McGivern Merrick Bank/CardWorks 

 Kohls Credit Orlans PC Attn: Bankruptcy 

 Po Box 3120 1650 W. Big Beaver Rd. Po Box 9201 

 Milwaukee, WI 53201-3120 Troy, MI 48084-3534 Old Bethpage, NY 11804-9001 

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 Sameera Navidi Orlans PC PNC Bank, N.A. 

 Orlans PC P.O. Box 2548 PO Box 489909 

 P.O. Box 2548 Leesburg, VA 20177-7754 Charlotte, NC 28269-0000 

 Leesburg, VA 20177-7754 

 

 Pawnee Leasing Corp. Shannon Pecoraro Bruce E. Robinson 

 3801 Automation Way #207 Office of the U.S. Trustee P.O. Box 538 

 Fort Collins, CO 80525-5735 701 East Broad Street, Suite 4304 South Hill, VA 23970-0538 

 Richmond, VA 23219-1849 

 Kathryn E. Smits Synchrony Bank/ JC Penneys Synchrony Bank/ Old Navy 

 Orlans PC Attn: Bankruptcy Dept Attn: Bankruptcy Dept 

 1602 Village Market Blvd. SE Suite 310 Po Box 965060 Po Box 965060 

 Leesburg, VA 20175-4716 Orlando, FL 32896-5060 Orlando, FL 32896-5060 

 Synchrony Bank/Select Comfort Synchrony Bank/ShopNBC Synchrony Bank/TJX 

 Attn: Bankruptcy Dept Attn: Bankruptcy Dept Attn: Bankruptcy Dept 

 Po Box 965060 Po Box 965060 Po Box 965060 

 Orlando, FL 32896-5060 Orlando, FL 32896-5060 Orlando, FL 32896-5060 

 Target Target Tejinder S. Grewal 

 Po Box 673 Target Card Services c/o Kerry Brian Hutcherson 

 Minneapolis, MN 55440-0673 Mail Stop NCB-0461 P.O. Box 58 

 Minneapolis, MN 55440-0000 Chesterfield, VA 23832-0001 

 (p)TIDEWATER FINANCE COMPANY UST smg Richmond Universal Builders of America, 

 P O BOX 13306 Office of the U. S. Trustee 2323 Westbrooke Dr. 

 CHESAPEAKE VA 23325-0306 701 East Broad St., Suite 4304 Columbus, OH 43228-9530 

 Richmond, VA 23219-1849 

 Virginia Family Dentistry Wells Fargo Dealer Services Wellsfargo 

 1612 Huguenot Rd. Attn: Bankruptcy Attn: Bankruptcy 

 Midlothian, VA 23113-2427 Po Box 19657 Po Box 9210 

 Irvine, CA 92623-9657 Des Moines, IA 50306-9210 

 Jennifer J. West Westviewfnsv Semra Bayram Williams 

 Spotts Fain PC 1068 Temple Ave 3655 Ivyridge Drive 

 411 E. Franklin Street Colonial Heights, VA 23834-2981 Chester, VA 23831 

 Suite 600 

 Richmond, VA 23219-2200 

 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 Americredit Financial Services, Inc. Dell Financial Services LLC Tidewater Finance Co 

 Dba GM Financial Attn: President/CEO 6520 Indian River Rd 

 P.O Box 183853 Po Box 81577 Virginia Beach, VA 23464-0000 

 Arlington, TX 76096 Austin, TX 78708-0000 

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 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)PNC Bank, National Association (d)Bruce E. Robinson (u)Spotts Fain PC 

 P.O. Box 538 

 South Hill, VA 23970-0538 

 End of Label Matrix 

 Mailable recipients 53 

 Bypassed recipients 3 

 Total 56 

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Exhibit A – Property List

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 Make S/N Caliber Type

1. FNH FX3U025345 45 Cal Pistol

2. Heckler & Koch 23-018089 45 Mark 23 Pistol

3. Heckler & Koch 222-015864 40 Cal VP40 Pistol

4. Sig Sauer 45A030495 P229 Elite Pistol

5. Heckler & Koch 224-084795 9MM VP9 Pistol

6. Taurus 1010465 Judge Pistol

7. Mossberg 930 AF115286 12 Gauge Shotgun

8. Remington RR89995B 308 Win Mag Model 700 AAC Rifle

 9. Benelli V71G482M 12 Gauge Assault Pump Shotgun

 10. Benelli TM737681 12 Gauge Assault Auto Shotgun

 11. Heckler & Koch 242-301171 40 Cal Pistol

 12. Ruger 0002-5536 10/22 Rifle

 13. Leupold Mark 4 Rifle Scope Scope

 14. Sig Sauer Case Only Case

 15. Smith & Wesson N/A 500 S&W Mag Pistol

 16. FNH USA 386295411 5.7x28 Pistol

 17. FNH USA 386296649 5.7x28 Pistol

 18. Heckler & Koch 23-018088 45 Cal Mark 23 Pistol

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Exhibit B – Auctioneer Agreement

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AUCTIONEER AGREEMENT FOR

THE AUCTION OF PERSONAL PROPERTY

THIS AGREEMENT, effective as of the 4th day of April, 2019, by and between Bruce E. 

Robinson, Chapter 7 Trustee for Semra Bayram Williams (Bankruptcy Case No. 18-32849) 

referred to as "Seller," and Motley’s Auctions, Inc., DBA Motley’s Asset Disposition Group, 3600 

Deepwater Terminal Road, Richmond, Virginia, 23234, VAAL #16 NCAL #5914, SCAL #3898, 

referred to as "Auctioneer," the parties agree as follows:

1. Statement of Engagement

Seller engages Auctioneer to sell personal property at public auction, referred to as “Auction”. 

Details of the Auction are described in the attachment of Project Details, “Attachment.” The 

personal property is listed in the Attachment and referred to as "Seller’s Property.”

2. Auction Format

The Seller’s Property shall be sold by the “Type of Auction” listed on the Attachment. Seller’s 

Property shall be stored at “Location of Assets” listed on the Attachment.

3. Date and Time of Auction

The Auction date and time shall be as specified in the Attachment.

4. Duties and Obligations of Auctioneer

Pursuant to the Auction of Seller’s Property under this Agreement, Auctioneer shall carry out the 

following duties and obligations:

(a) Promotion and Advertising. Auctioneer shall ensure a commercially 

reasonable Auction and advise persons who might reasonably be interested in such property and 

in the Auction thereof. 

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(b) Auction Without Reserve. Auctioneer shall represent and conduct the 

Auction as an Auction without reserve (meaning a minimum purchase price established by the 

Seller) for the property unless item(s) being sold with a reserve price is identified, and the reserve 

amount is noted in the Attachment listing the Seller’s Property.

(c) Use of Best Effort. Auctioneer shall conduct the Auction to the best of its 

ability. However, Auctioneer does not guarantee an Auction and Auctioneer is not responsible in 

the event Seller and/or any buyer at the Auction fail to live up to their respective agreements 

concerning any property to be Auctioned, or in the event of non-delivery of property by Seller to 

any such buyer.

(d) Accounting. At the completion of the Auction, the Auctioneer shall furnish 

Seller a complete list of all assets sold and the applicable Auction price(s) thereof. After deducting 

the Auctioneer’s commission and any expenses, the Auctioneer shall pay the Seller within ten (10) 

business days, the net amount due for all assets, provided, however, in the event that Auctioneer 

receives any notice or other claim to the assets or the proceeds in conflict with those of the Seller, 

Auctioneer may withhold a sufficient portion of the proceeds to cover the conflicting claims until 

satisfactory settlement.

(f) Title. Auctioneer shall prepare any and all documents required to transfer 

title to Seller’s Property, to the buyer of the same, including but not limited to Bills of Sale. All 

Bills of Sale will reflect that the Auction of each and every piece of Seller’s Property is on an as 

is, where is, basis without warranties of any type whatsoever other than title.

(g) Indemnification. Seller shall be responsible for compliance with the 

provisions of Uniform Commercial Code, particularly those relating to bulk Auctions. Seller will 

provide Auctioneer with a list of claimants to whom written notice must be given by Auctioneer 

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pursuant to such Code section and shall cooperate with Auctioneer to provide any and all 

information necessary to ensure Auctioneer’s compliance with said section. Auctioneer shall not 

be responsible for any liability resulting from the failure of Seller to provide Auctioneer with 

accurate and complete information necessary to comply with these provisions. Seller shall 

indemnify and hold harmless Auctioneer for any third party claims and/or liability arising from 

Seller’s failure to provide Auctioneer with accurate and complete information necessary to comply 

with these provisions.

5. Cooperation by Seller

Seller shall in all respects cooperate with and further the interests of Auctioneer in discharging 

Seller’s duties under this agreement as required by any applicable statute or regulation, and by this 

agreement, and shall refrain from all acts that would reasonably tend to interfere with Auctioneer 

in discharging Auctioneer’s duties under this agreement or as required by statute or regulation.

6. Compensation of Auctioneer

(a) Compensation for Property Sold. Auctioneer’s compensation for selling 

Seller’s Property is detailed in the Attachment. Seller shall promptly pay Auctioneer the 

compensation as detailed in the Attachment. Buyers shall be responsible for all costs associated 

with their purchases including removal, transportation, insurance, internet bidding costs, 

miscellaneous buyer’s fees and Buyer’s Premium associated with purchasing items in the auction 

and whether paid to the Auctioneer or others. All compensation to be paid is subject to approval 

by the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division.

(b) Auction Postponement: If the Auction is postponed or caused to be 

postponed for any reason, beyond the control of Auctioneer, the Auctioneer shall be reimbursed 

for all expenses incurred including Auction postponement notices. Auctioneer will have the right 

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to conduct a subsequent Auction of Seller’s Property. In the event the Auction is postponed for 

180 or more days, the Auction shall be deemed cancelled and be subject to paragraph 6 (c).

(c) Auction Cancellation. If the Auction is canceled or caused to be canceled 

for any reason beyond the control of Auctioneer, including court order, the Seller shall pay 

Auctioneer all expenses as detailed in the Attachment, Auction cancellation notice expenses, plus 

all Auctioneer out-of-pocket expenses (e.g. advertising, set up and removal, etc.). 

(d) Post-Auction Remarketing: The Auctioneer reserves the right to market and 

sell any unsold items for a period of sixty (60) days after the Auction. Compensation shall be paid 

to the Auctioneer in accordance with paragraph (a), above.

7. Expenses

Seller shall be liable for all expenses in the Attachment. Additionally, the Seller shall be 

responsible for all extraordinary expenses. Extraordinary expenses are for additional services 

requested of the Auctioneer by the Seller. The Auctioneer will obtain approval from the Seller for 

extraordinary expenses prior to the expenditure of the funds. The Auctioneer may deduct all 

expenses from any proceeds of the Auction.

8. Authority of Auctioneer

The Auctioneer shall have full authority to conduct the Auction and to do whatever it deems 

necessary or appropriate to affect an advantageous Auction of the Seller’s Property. Auctioneer 

agrees not to use any illegal, immoral, or unethical methods to affect an advantageous Auction of 

the assets.

9. Independent Contractor

The Auctioneer agrees that all Services will be rendered by it as an independent contractor and 

that this Agreement does not create an employer-employee relationship between the Auctioneer

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and the Seller. The Auctioneer shall have no right to receive any employee benefits provided by 

the Seller to its employees. Auctioneer agrees to pay all taxes due in respect of the Consultancy 

Fee and to indemnify the Seller in respect of any obligation that may be imposed on the Seller to 

pay any such taxes or resulting from Auctioneer’s being determined not to be an independent 

contractor. This Agreement does not authorize the Auctioneer to act for the Seller as its agent or 

to make commitments on behalf of the Seller. 

10. Force Majeure

Either Party to this Agreement shall be excused from any delay or failure in performance required 

hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, 

including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other 

serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The 

obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time 

period equal to the period of such excusable interruption. When such events have abated, the 

Parties’ respective obligations hereunder shall resume.

11. Risk of Loss

The Auctioneer and/or any of its representatives shall not be responsible for loss or damage to 

Seller’s Property governed by this agreement. 

12. Duties of Seller

(a) Representations and Warranties. The Seller represents and warrants (i) that 

it has the full and complete right to sell the property governed by this agreement at public Auction; 

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(ii) that Seller has taken all steps necessary, including any requirements of presentment, 

redemption, notice and/or possession to permit the property governed by this agreement to be sold.

(b) Misrepresentation: In the event of misrepresentation by Seller, Auctioneer 

reserves the right to withhold proceeds from the Auction for the item in dispute and arbitrate the 

Auction between the Buyer and the Seller. The compensation to Auctioneer for the arbitration and 

Auction shall be based on the original selling price of the item misrepresented.

13. Confidentiality

All provisions and terms of this Agreement, and any information related thereto, whether printed, 

written, or oral, shall be held in confidence by all parties, their agents and employees, unless 

specifically related to information necessary to interested third party buyers to further the terms of 

this agreement. The parties understand that this Agreement is subject to the approval of the 

Bankruptcy Court and must be filed with the Court in the subject bankruptcy case for which Seller 

is serving as Chapter 7 Trustee. 

14. Indemnification

(a) Auctioneer Not Responsible Or Liable For Property Damage: Auctioneer 

and its employees, agents, contractors, and representatives shall not be responsible or otherwise 

liable for any loss of, or damage to, the Seller’s Property regardless of cause including, but not 

limited to, negligence by any person or entity, fire, theft, vandalism, storm or other act of nature 

or God, or any other type of casualty, damage, or destruction; provided, however, Auctioneer will 

be responsible for its own willful or negligent acts.

(b) Auctioneer Not Responsible Or Liable For Injury Or Death: Auctioneer, its 

employees, agents, contractors, and representatives shall not be responsible or otherwise liable for 

any injury, loss, damage, and/or death that might occur to any person from any cause and occurring 

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at the Auction site at any time through the completion of the Auction and the final removal of the 

Property and the clean-up of the Auction Site; provided, however, Auctioneer will be responsible 

for its own willful or negligent acts. 

15. Effect of Partial Invalidity

The invalidity of any portion of this agreement will not and shall not be deemed to affect the 

validity of any other provision. In the event any provision of this agreement is held to be invalid, 

the parties agree that the remaining provisions shall be deemed to be in full force and effect as if 

they had been executed by both parties subsequent to the removal of the invalid provision.

16. Entire Agreement

This Agreement and all terms related to sale, constitutes the entire agreement between the parties, 

and any prior understanding or representation of any kind preceding the date of this agreement 

shall not be binding on either party except to the extent incorporated in this agreement.

17. Agreement Subject to Court Approval

This Agreement, including all terms related to sale of the Seller’s Property, employment and 

compensation of Auctioneer, is subject to approval of the U.S. Bankruptcy Court for the Eastern 

District of Virginia, Richmond Division.

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9

ATTACHMENT TO THE AGENT/AUCTIONEER AGREEMENT

FOR THE AUCTION OF PERSONAL PROPERTY

Project Details

Seller’s Property: Misc. Firearms

Type of Auction: Online Only Auction

Location of Assets: 3600 Deepwater Terminal Road, Richmond VA 23234

Date and Time

Of Auction: TBD

Auctioneer’s Commission 10% Seller’s Commission (deducted from sale price of items

For Property Sold: sold).

Buyer’s Premium: Buyers will pay a ten percent (10%) Buyer’s Premium, in addition 

to item purchase price, which is payable to Auctioneer, not Seller, 

and is additional Auctioneer’s income.) 

Advertising: $1500.00 (Advertising Budget for Online Only Auction) 

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Exhibit C – Affidavit of Disinterestedness

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