Eagle Properties and Investments LLC, 23-10566

Eagle Properties and Investments LLC

23-10566

Bankr. E.D. Va.

Sep 2, 2024

Check Treatment

Docket

Case Information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

In re: ) EAGLE PROPERTIES AND INVESTMENTS, LLC, Debtor. ) Bankruptcy Case ) No. 23-10566-KHK ) Chapter 7 )

ORDER APPROVING SALE OF 7616 GROVE AVE, HARRISBURG, PA FREE AND CLEAR OF LIENS, CLAIMS AND INTERESTS PURSUANT TO 11 U.S.C. $$ 363 (f)$

UPON CONSIDERATION of the motion (Docket No. 542) ("Motion") of H. Jason Gold, chapter 7 trustee ("Trustee"), to approve the sale of the property commonly known as 7616 Grove Avenue, Harrisburg, Pennsylvania ("Property"); and it appearing that proper and adequate notice of the Motion has been given and that no further notice is necessary; and it appearing that the proposed sale is in the best interest of the estate and its creditors, and it further appearing that based upon the endorsements of counsel set forth below that Fulton Bank, N.A. and Bala Jain, LLC have consented to the sale of the Property as set forth herein, free and clear of all liens, claims and interests, accordingly:

IT IS HEREBY ORDERED THAT:

The Motion is GRANTED.
The Trustee is authorized to sell the Property ^[1] to ANNN Investment LLC (the [^0] [^0]: ^[1] Having the following legal description: BEGINNING AT A POINT IN THE NORTHERLY LINE OF GROVE AVENUE PLOTTED FORTY (40) FEET

*2 "Purchaser") for $$ 267, 500$ consistent with the sales contract attached to the Motion. 3. The Trustee is authorized to pay the secured claim of Fulton Bank, N.A. at closing as set forth in the draft ALTA attached hereto as Exhibit A ("ALTA"), and the consent of Fulton Bank, N.A. to the sale is conditioned on such receipt. 4. The sale shall be free and clear of that certain Praecipe to Index Action as Lis

Pendens filed by Bala Jain, LLC in the Land Records of Dauphin County, Pennsylvania as Instrument Number 20220024614 pursuant to 11 U.S.C. § 363(f). 5. At closing, the Trustee shall receive, for the benefit of the estate the sum of $$ 8, 025.00$ representing his commission under Section 326 of the Bankruptcy Code plus $$ 13, 375.00$ as additional consideration for the bankruptcy estate free and clear of all liens, claims and interests.

THE ABOVE-DESCRIBED PREMISES ARE SUBJECT TO A RIGHT-OF-WAY HELD BY THE PENNSYLVANIA POWER AND LIGHT COMPANY AND ANOTHER RIGHTOF-WAY BY THE BELL TELEPHONE COMPANY AS NOW EXISTING.

ALSO, TOGETHER WITH AND SUBJECT TO THE TERMS AND PROVISIONS OF MAINTENANCE AGREEMENT (PRIVATE ROAD) DATED 7-1-1993, RECORDED 9-20-1993, IN BOOK 2059, PAGE 145.

SAID PROPERTY BEING KNOWN FOR PURPOSES OF ASSESSMENT AND TAXATION PURPOSES AS PROPERTY IDENTIFICATION NO. 68-031-098-000-0000.

The Trustee is authorized to pay a three percent (3\%) commission to his broker Century 21 New Millennium at closing for services rendered in representing the Trustee in connection with the sale.
The Trustee is authorized to pay a two and one half percent (2.5\%) commission to Prime Realty Services at closing for services rendered in representing the Buyer in connection with the sale.
The Trustee is authorized to pay all outstanding real estate taxes and other customary closing costs consistent with the ALTA.
The Trustee is authorized to request and receive all information concerning the liens and debt held by any secured creditor necessary to close on the sale including but not limited to the loan payoff balance, proof of lien perfection, hazard insurance coverage, escrow account balance and other information. Secured creditors are authorized and directed to promptly provide said information to the Trustee upon request of the Trustee, subject to the right of any secured creditor to oppose the request.
This Order may be recorded in the land records wherein the subject Property is located.
This Court retains jurisdiction with respect to any disputes regarding the Property following the sale.
This Order shall be effective immediately and shall not be subject to the stay provided in Federal Rule of Bankruptcy Procedure 6004(h) or any other applicable stay.

Dated: /s/ Klinette H Kindred United States Bankruptcy Judge Entered On Docket: Aug 302024

PREPARED BY:

NELSON MULLINS RILEY &; SCARBOROUGH LLP 101 Constitution Avenue, NW, Suite 900 Washington, DC 20001 Tel: (202) 689-2800 Fax: (202) 689-2860 Email: dylan.trache@nelsonmullins.com

By: /s/Dylan G. Trache Dylan G. Trache, Va. Bar No. 45939 Counsel to the Chapter 7 Trustee

SEEN AND AGREED: GORDON FEINBLATT LLC 1001 Fleet Street, Suite 700 Baltimore, Maryland 21202 Phone/Fax No. (410) 576-4194 E-mail: dmusgrave@gfrlaw.com

BY: /s/David S. Musgrave (by DGT with authority) David S. Musgrave (Bar No. 35327) Attorneys for Fulton Bank, N.A.

SEEN: ROGAN MILLER ZIMMERMAN, PLLC 50 Catoctin Circle, NE, Suite 300 Leesburg, Virginia 20176 Phone No. (703) 777-8850 Fax No: (703) 777-8854 E-mail: crogan@RMZLawFirm.com

BY: /s/Christopher L. Rogan (by DGT with authority) Christopher L. Rogan (Bar No. 30344) Attorneys for Bala Jain, LLC

CERTIFICATION PURSUANT TO LOCAL RULE 9022-1(C)

I HEREBY CERTIFY that this Order has been endorsed by all necessary parties. /s/ Dylan G. Trache Dylan G. Trache

LIST OF PARTIES TO RECEIVE NOTICE OF ENTRY PURSUANT TO LOCAL RULE 9022-1

Dylan G. Trache NELSON MULLINS RILEY &; SCARBOROUGH LLP 101 Constitution Avenue, NW, Suite 900 Washington, DC 20001 Michael Freeman OFFICE OF THE UNITED STATES TRUSTEE 1725 Duke Street, Suite 650 Alexandria, Virginia 22314 Stephen Karbelk Team Leader, RealMarkets Century 21 New Millennium Century 21 Commercial New Millennium 6629 Old Dominion Drive McLean, VA 22101 David S. Musgrave GORDON FEINBLATT LLC 1001 Fleet Street, Suite 700 Baltimore, MD 21202 Christopher Rogan ROGAN MILLER ZIMMERMAN, PLLC 50 Catoctin Circle, NE, Suite 300 Leesburg, Virginia 20176

Exhibit A

*7 | American Land Title Association | | | :--: | :--: | | | ALTA Settlement Statement - Combined | | | Adopted 05-01-2015 |

| Seller | Description | Borrower | | | :--: | :--: | :--: | :--: | | Debit | Credit | Debit | Credit | | | Financial | | | | | 267,500.00 | Sale Price of Property | 267,500.00 | | | | | Deposit | | 10,000.00 | | | | Loan Amount | | 208,000.00 | | 1,000.00 | | Seller Credit | | 1,000.00 | | | | | | | | | 30.52 | Prorations/Adjustments | 30.52 | | | | | Sewer
09/13/24-10/01/24 | | | | | 328.44 | City/Town Taxes
09/13/24 - 12/31/24 | 328.44 | | | | 1,780.51 | Assessments
09/13/24 - 06/30/25 | 1,780.51 | | | | | Title Charges and Escrow/Settlement Charges | | | | | | CPL to Fidelity National Title Insurance Company | 125.00 | |

*8 Case 23-10566-KHK Doc 630 Filed 09/01/24 Entered 09/02/24 00:11:04 Desc Imaged Certificate of Notice Page 8 of 12

| Seller | | Description | Borrower | | | :--: | :--: | :--: | :--: | :--: | | Debit | Credit | | Debit | Credit | | | | Title Charges and Escrow/Settlement Charges (continued) | | | | | | Lender's Title Insurance to Universal Settlement Services of PA
Coverage: 208,000.00
Disclosed Premium: 1,640.60 | 1,640.60 | | | | | TIRBOP Endorsement 100 (Covenants, Conditions and Restrictions) to Universal Settlement Services of PA | 100.00 | | | | | TIRBOP Endorsement 300 (Mortgage Survey Exception) to Universal Settlement Services of PA | 100.00 | | | | | TIRBOP Endorsement 900 (Environmental Protection Lien - Residential) to Universal Settlement Services of PA | 100.00 | | | | | Deed Prep to The Nittany Group | 150.00 | | | 1,100.00 | | Final Sewer to Universal Escrow | | | | 250.00 | | Final Water to Universal Escrow | | | | | | Owner's Title Insurance to Universal Settlement Services of PA
Coverage: 267,500.00
Disclosed Premium: 342.00 | 342.00 | | | | | Tax Cert Fee to Universal Settlement Services of PA | 95.00 | | | | | Title Search Fee to Universal Settlement Services of PA | 100.00 | | | | | Commissions | | | | 8,025.00 | | Commission - Listing Agent to Century 21 New Millennium | | | | 6,687.50 | | Commission - Selling Agent to Prime Realty Services | | | | | | Government Recording and Transfer Charges | | | | | | Recording Fees to Dauphin County Recorder of Deeds | 307.50 | | | 2,675.00 | | Transfer Tax to Dauphin County Recorder of Deeds | 2,675.00 | | | | | Miscellaneous | | | | 1,226.61 | | 2024 county/twp taxes to West Hanover Township Tax Collector | | | | 2,752.02 | | 2024 school taxes to West Hanover Township Tax Collector | | | | 8,025.00 | | 326(a) Bankruptcy Estate Payment to H. Jason Gold, Bankruptcy Trustee | | | | | | Attorney Title Exam Fee to RL Title and Escrow, Inc. | 150.00 | | | 13,375.00 | | Bankruptcy Estate Payment to H. Jason Gold, Bankruptcy Trustee | | |

Case 23-10566-KHK Doc 630 Filed 09/01/24 Entered 09/02/24 00:11:04 Desc Imaged Certificate of Notice Page 9 of 12

| Seller | | Description | Borrower | | | :--: | :--: | :--: | :--: | :--: | | Debit | Credit | | Debit | Credit | | | Miscellaneous (continued) | | | | | $7, 964.40$ | | delinquent taxes to Dauphin County Tax Claim | | | | 150.00 | | Settlement and Closing Fee to RL Title and Escrow, Inc. | 895.00 | | | 216,408.94 | | Short Sale Proceeds to Fulton Bank to Fulton Bank | | | | Seller | | | Borrower | | | Debit | Credit | | Debit | Credit | | 269,639.47 | 269,639.47 | Subtotals | 276,419.57 | 219,000.00 | | | Due from Borrower | | | 57,419.57 | | 269,639.47 | 269,639.47 | Totals | 276,419.57 | 276,419.57 |

Acknowledgement

We/l have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement. We/l authorize Universal Settlement Services of PA to cause the funds to be disbursed in accordance with this statement.

Borrower

Annn Investment LLC BY:

Seller H. Jason Gold, Bankruptcy Trustee of The Bankruptcy Estate of Eagle Properties and Investments, LLC

BY:

Brandy McAulay Escrow Officer

*10

Case 23-10566-KHK Doc 630 Filed 09/01/24 Entered 09/02/24 00:11:04 Desc Imaged Certificate of Notice Page 10 of 12 United States Bankruptcy Court Eastern District of Virginia

In re: Eagle Properties and Investments LLC Debtor

CERTIFICATE OF NOTICE

District/off: 0422-9 Date Rcvd: Aug 30, 2024 The following symbols are used throughout this certificate: Symbol Definition

Addresses marked ' + ' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4 , or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP.

Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Sep 01, 2024:

| Recip ID | Recipient Name and Address | | :-- | :-- | | RE | + Stephen Karbelk, Team Leader, RealMarkets, Century 21 New Millennium, 6629 Old Dominion Dr, McLean, VA 22101-4516 |

TOTAL: 1 Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. Electronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI). Electronic transmission is in Eastern Standard Time.

| Recip ID | Notice Type: Email Address | Date/Time | Recipient Name and Address | | :--: | :--: | :--: | :--: | | ung | + Email/Text: ustpregion04.ax.ecf@usdoj.gov | Aug 312024 00:39:00 | UST ung Alexandria, Office of the U. S. Trustee, 1725 Duke Street, Suite 650, Alexandria, VA 22314-3489 | | prof | Email/Text: stephen@realmarkets.com | Aug 312024 00:38:00 | Stephen Karbelk, Team Leader, RealMarkets, Century 21 New Millennium, 20405 Exchange St, Suite 221, Ashburn, VA 20147 |

TOTAL: 2

BYPASSED RECIPIENTS

The following addresses were not sent this bankruptcy notice due to an undeliverable address, duplicate of an address listed above, P duplicate of a preferred address, or ## out of date forwarding orders with USPS.

NONE

NOTICE CERTIFICATION

I, Gustava Winters, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.

Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.

Date: Sep 01, 2024 Signature: /s/Gustava Winters

CM/ECF NOTICE OF ELECTRONIC FILING

The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on August 30, 2024 at the address(es) listed below:

Name

Andrew S Goldstein

Barry W. Spear Email Address on behalf of Creditor GITSIT Solutions LLC AGoldstein@mglspc.com, jcoffman@mglspc.com on behalf of Creditor Aero Mortgage Loan Trust 2019-1 Barry.Spear@bww-law.com bankruptcy@bww-law.com

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Case 23-10566-KHK Doc 630 Filed 09/01/24 Entered 09/02/24 00:11:04 Desc
Imaged Certificate of Notice
Page 11 of 12

District/off: 0422-9 Date Rcvd: Aug 30, 2024 Bradley J. Swallow

Christian K. Vogel

Christopher A. Jones

Christopher L. Rogan

Corey Simpson Booker

Craig M. Palik

David S. Musgrave

Dylan G. Trache

Elizabeth Husebo

Erik W. Fox

Gerard R. Vetter H. Jason Gold

Hannah White Hutman

J. P. McGuire Boyd, Jr

Jack Frankel

James R. Meizanis, Jr.

Jeffery T. Martin, Jr.

User: TaiGlennB Form ID: pdford11

Page 2 of 3 Total Noticed: 3 on behalf of Defendant Main Street Bank bswallow@fblaw.com on behalf of Interested Party Primis Bank kvogel@vogelandcromwell.com on behalf of Defendant Primis Bank f/k/a Sona Bank kvogel@vogelandcromwell.com on behalf of Debtor Eagle Properties and Investments LLC cajones@whitefordlaw.com clano@whitefordlaw.com,dchaney@whitefordlaw.com on behalf of Defendant Shail Butani crogan@rmzlawfirm.com on behalf of Creditor Bala Jain LLC crogan@rmzlawfirm.com on behalf of Defendant Ishwer Butani crogan@rmzlawfirm.com on behalf of Defendant Bala Jain LLC crogan@rmzlawfirm.com on behalf of Creditor Atlantic Union Bank corey.booker@atlanticunionbank.com on behalf of Creditor Trinity Universal Insurance Company cpalik@mhlawyers.com cpalik@yahoo.com;dmoorehead@mhlawyers.com;cpalik@ecf.inforuptcy.com;kmadden@mhlawyers.com;mnickerson@mhlawye rs.com on behalf of Creditor Fulton Bank N.A. dmusgrave@gfrlaw.com, vhilbun@gfrlaw.com on behalf of Defendant Fulton Financial Corporation dmusgrave@gfrlaw.com vhilbun@gfrlaw.com on behalf of Trustee H. Jason Gold dylan.trache@nelsonmullins.com linnea.hann@nelsonmullins.com;alexandria.tracy@nelsonmullins.com;mari.cooper@nelsonmullins.com on behalf of Defendant Daniel J. Kotz ehusebo@grsm.com on behalf of Defendant First Class Title Inc. ehusebo@grsm.com on behalf of Creditor Vienna Oaks Office Center Condominium efox@reesbroome.com rhurley@reesbroome.com;Acruz@reesbroome.com ustpregion04.ax.ecf@usdoj.gov goldtrustee@fiduciaryservicesgroup.com VA19@ecfcbis.com;hjg@trustesolutions.net;lgrahl@fsscommerce.com on behalf of Creditor Bank of Clarke County hhutman@hooverpenrod.com scurtis@hooverpenrod.com;hooverpenrodplc@jubileebk.net on behalf of Defendant Atlantic Union Bank mboyd@williamsmullen.com on behalf of Creditor Atlantic Union Bank mboyd@williamsmullen.com on behalf of Defendant Bank of Clarke County mboyd@williamsmullen.com on behalf of U.S. Trustee Gerard R. Vetter jack.i.frankel@usdoj.gov USTPRegion04.ax.ecf@usdoj.gov;Robert.W.Ours@usdoj.gov on behalf of Creditor LINKBANK jmeizanis@bklawva.com jroot@bklawva.com;mnoble@bklawva.com on behalf of Creditor Virginia Partners Bank jmeizanis@bklawva.com jroot@bklawva.com;mnoble@bklawva.com

*12

NOTES

WIDE, WHICH POINT IS IN THE EASTERLY LINE OF LOT NO. 8 ON THE PLAN HEREINAFTER REFERRED TO; THENCE ALONG THE EASTERLY LINE OF SAID LOT NO. 8 NORTH FIVE DEGREES FORTY-THREE MINUTES WEST (N 543 W) EIGHTY-FOUR AND TWENTY-FIVE HUNDREDTH (84.25) FEET TO A POINT IN THE SOUTHERLY LINE OF LOT NO. 64 NOW OWNED BY DR. E. D. LEIBY; THENCE ALONG SAID LEIBY PREMISES KNOWN AS LOT NO. 64 AND ALONG LOT NO. 65 NOW OWNED BY JOHN E. MINEHOFF NORTH EIGHTY-ONE DEGREES SEVENTEEN (17) MINUTES EAST (N 8117 E) ONE HUNDRED THIRTYNINE AND FORTY-EIGHT HUNDREDTH (139.48) FEET TO A POINT IN THE WESTERLY LINE OF LANDS NOW OR LATE OF PAUL E. MYERS; THENCE ALONG SAID MYERS PROPERTY SOUTH NO DEGREES FORTY-FOUR MINUTES EAST (S 044 E) EIGHTY-FIVE AND TWENTY-SEVEN HUNDREDTH (85.27) FEET TO A POINT IN THE NORTHERLY LINE OF GROVE AVENUE; THENCE ALONG SAID GROVE AVENUE SOUTH EIGHTY-EIGHT DEGREES THIRTY-ONE MINUTES WEST (S 8831 W) THIRTY-NINE AND FORTY-FIVE HUNDREDTH (39.45) FEET TO A POINT; THENCE STILL ALONG SAID GROVE AVENUE SOUTH SEVENTY-NINE DEGREES TWENTY MINUTES WEST (S 7920 W) SIXTY-FIVE AND SEVENTEEN HUNDREDTH (65.17) FEET TO A POINT AND THENCE STILL ALONG SAID GROVE AVENUE SOUTH SEVENTY-SIX DEGREES NINETEEN MINUTES WEST (S 7619 W) TWENTYEIGHT AND EIGHT HUNDREDTH (28.08) FEET TO A POINT, THE PLACE OF BEGINNING.