Case Information
*1 Dated: November 6, 2024
The following is ORDERED:
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF OKLAHOMA IN RE: )
) MICHAEL AND JENNIFER WILLIAMS ) CASE NO. 24-10810 JDL
) CHAPTER 13 DEBTOR ) ORDER GRANTING MOTION TO SELL PROPERTY FREE AND CLEAR OF LIENS AND ENCUMBRANCES AND MOTION FOR COMPENSATION
COMES NOW for consideration the Motion of Debtors requesting that this Court allow them to sell property free and clear of liens and encumbrances pursuant to 11 USC 1303, which grants debtors the right to sell property pursuant to 11 USC 363(f), and attorney Mike Rose’s Motion for Compensation. Counsel for Debtor represents that the Motion was filed on 10/11/2024, and served on all parties in interest pursuant to Local Bankruptcy Rule 9007, and the last date for filing objections was 11/1/2024, which has passed with no objection thereto being served and filed other than the Conditional Objection filed by PNC Bank National Ass’n and the Response filed by Weokie Federal Credit Union, both of which are resolved with the entry of this Order. This Court finds that the Motion should be granted.
1. Debtors are permitted to sell their residence located at:
18412 Summer Grove Ave
Edmond, OK 73012
Legal description:
Legal Description: Lot Sixteen (16), in Block Twelve (12), of the Grove South Phase 3, an Addition to the City of Oklahoma City, Oklahoma County, Oklahoma 2. The funds from the sale shall first be used to pay in full the balances owed on the mortgages
to PNC Bank and Weokie Federal Credit Union. The balance of the funds from the sale of the property shall be used to pay all closing costs, fees, and any other liens or encumbrances.
3. One-half of the net proceeds shall be paid to Debtor Michael Williams, and one half shall be
paid to Co-Debtor Jennifer Williams. Debtors shall not comingle exempt homestead funds with other funds. Debtors shall deposit the proceeds in a segregated savings account or certificate of deposit. Such funds shall be reinvested in a new homestead within one year from the date of closing, or must be turned over to the Trustee for payment of unsecured creditors.
4. The Debtors or the Debtors’ attorney shall cause the title company to provide a copy of the
final settlement statement to the Trustee at least 24 hours prior to closing for the Trustee to review and approve of the final settlement statement. With the Trustee’s written approval, the Debtors are authorized to sign the final settlement statement on behalf of themselves and the bankruptcy estate.
5. Debtors’ attorney shall provide the Trustee a copy of the executed Final Settlement
Statement within ten (10) days following closing. The executed Settlement Statement must be uploaded to the Trustee’s document portal under the “Settlement Statements” event.
6. Debtors’ counsel shall provide a copy of this order to the closing company prior to the
closing.
7. The sale shall close within 90 days of the date of this order.
8. It is further ordered that the Motion for Compensation of Mike Rose shall be granted in the
amount of $750.00, to be paid pursuant to the Court’s Chapter 13 Guidelines.
IT IS SO ORDERED.
All findings of fact are based upon the representation of counsel for Debtor(s).
Attorney for Debtor(s) shall effectuate service of the order on all interested parties.
# # # Prepared and approved for entry:
S/ MIKE ROSE S/ DAVID S. BURGE
Mike Rose, OBA No. 15523 David S. Burge, OBA No. 31505 MICHAEL J ROSE PC 321 Dean A. McGee Ave.
4200 Perimeter Center Drive, Suite 245 POB 1948
Oklahoma City, OK 73112 Oklahoma City, OK 73101-1948 405 / 605-3757 telephone 13trustee@chp13okc.com 405 / 605-3758 facsimile 405 / 236-4843 telephone michaeljrosepc@gmail.com 405 / 236-1004 facsimile ATTORNEY FOR DEBTOR(S) ATTORNEY FOR CHAPTER 13
TRUSTEE S/ JOHN P SEIDENBERGER
John P Seidenberger, OBA No. 30715 S/ W BRENT KELLY
THE SAYER LAW GROUP PC W Brent Kelly, OBA No. 11380 925 E 4 th St KELLY & TAYLOR PC Waterloo, IA 50703 3001 Oklahoma Tower
319 / 234-2530 telephone 210 Park Ave
jseidenberger@sayerlaw.com Oklahoma City, OK 73102 ATTORNEY FOR PNC BANK, NATIONAL 405 / 848-6803 telephone ASSOCIATION attorneys@kelleyandtaylor.com ATTORNEY FOR WEOKIE FEDERAL
CREDIT UNION