H. Jason Gold, Va. Bar No. 19117 

David M. Barnes, Jr., Va. Bar No. 86747 

NELSON MULLINS RILEY & SCARBOROUGH LLP 

101 Constitution Avenue, Suite 900 

Washington, DC 20001 

(202) 689-2800 

Counsel to the Chapter 7 Trustee 

~#4836-7896-0788~ 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: ) 

) Bankruptcy Case 

JALIZ WILSON, ) No. 19-10184-BFK 

) Chapter 7 

Debtor. ) 

APPLICATION TO EMPLOY REAL ESTATE AGENT AND BROKER 

COMES NOW H. Jason Gold, Trustee ("Trustee"), by counsel, and files this Application to 

Employ Real Estate Agent and Broker, stating to the court as follows: 

1. H. Jason Gold is the duly qualified and acting chapter 7 Trustee herein. 

2. Among the assets in this case is a parcel of real property commonly known as 43113 

Binkley Circle, Leesburg, Virginia 20176 ("Property"). 

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 Stephen Karbelk as the real 

estate agent and team leader of RealMarkets ("Agent"), who is affiliated with Century 21 New 

Millennium ("Broker"), to procure and submit to the Trustee offers to purchase the Property. In 

consideration for its services, the Broker will request compensation, upon consummation of any such 

sale, for a real estate broker’s commission in an amount equal to six percent (6%) of the sales price. 

5. Nonetheless, payment of the Broker’s fees and costs shall only be made upon further 

order of the Bankruptcy Court. 

Case 19-10184-BFK Doc 19 Filed 05/01/19 Entered 05/01/19 13:32:13 Desc Main

 Document Page 1 of 4
2 

~#4836-7896-0788~ 

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

further requests that the Court authorize his Agent, Stephen Karbelk of Century 21 New Millennium 

and his co-listing agents, Stephanie Young and Robert Walters of Century 21 New Millennium, to 

request and obtain verbal and written payoff statements, payment histories, and related information 

and documents from any secured creditor in this case, including LoanCare and CIT Bank (the 

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

Creditors in connection with any sale. 

7. The Agent is authorized to put all utility accounts, including the electric, gas and 

water accounts, into the name of Stephen Karbelk or Auction Markets, LLC, the Agent’s operating 

entity, as Agent for the Trustee. The Agent shall not be responsible for paying any past due amounts 

that were incurred prior to the petition date of the bankruptcy filing. Subject to further order and 

approval of this court, the Agent 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 to advise the Trustee concerning the value of the Property, at the Agent's rate of 

$175/hour. 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. 

Case 19-10184-BFK Doc 19 Filed 05/01/19 Entered 05/01/19 13:32:13 Desc Main

 Document Page 2 of 4
3 

~#4836-7896-0788~ 

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. The Trustee is satisfied by the Declaration of Real Estate Agent that the Agent is a 

disinterested person within the meaning of 11 U.S.C. § 101(14), attached hereto as Exhibit “A.” 

12. To the best of the Trustee’s knowledge, neither the Agent nor the Broker represent 

any interest adverse to the Trustee or the bankruptcy estate, and have no connection with the Debtor, 

her creditors, other parties in interest, purchasers or potential purchasers of the subject real estate, the 

United States Trustee, or anyone employed by the United States Trustee, except that the Agent, with 

the support of either Stephanie Young and/or Robert Walters, have been employed to assist the 

Trustee, both in his capacity as Trustee and his personal capacity, with the sale of assets in other 

matters. 

13. The Trustee seeks to employ the Agent and Broker pursuant to 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. 

Respectfully submitted, 

H. JASON GOLD, TRUSTEE 

By Counsel 

Case 19-10184-BFK Doc 19 Filed 05/01/19 Entered 05/01/19 13:32:13 Desc Main

 Document Page 3 of 4
4 

~#4836-7896-0788~ 

NELSON MULLINS RILEY & SCARBOROUGH LLP 

101 Constitution Avenue, NW, Suite 900 

Washington, DC 20001 

Tel: (202) 689-2800 

Fax: (202) 689-2860 

By: /s/ David M. Barnes, Jr. 

H. Jason Gold, Va. Bar No. 19117 

David M. Barnes, Jr., Va. Bar No. 86747 

Counsel to the Chapter 7 Trustee 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 1st day of May 2019, the foregoing Application to Employ 

Real Estate Agent and Broker and its accompanying Declaration, were served via U.S. mail upon: 

Office of the United States Trustee 

1725 Duke Street, Suite 650 

Alexandria, VA 22314 

James P. Campbell 

Campbell Flannery, P.C. 

One Village Plaza 

1602 Village Market Boulevard, Suite 220 

Leesburg, VA 20175 

/s/ David M. Barnes, Jr. 

David M. Barnes, Jr. 

Case 19-10184-BFK Doc 19 Filed 05/01/19 Entered 05/01/19 13:32:13 Desc Main

 Document Page 4 of 4