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Notice of Sale (LaMonica Herbst & Maniscalco)
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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK. In Chapter 7 E&F WAREHOUSING CORP., Case No.: 07-72009, 07-72011 (DTE) E&F TRUCKING, INC., et al., Debtors. (Jointly Administered) NOTICE OF SALE OF NON RECEIVABLE ASSETS TO ALL CREDITORS AND OTHER INTERESTED PARTIES: NOTICE IS HEREBY GIVEN that, in accordance with an Order, dated November 13, 2009, of the United States Bankruptcy Court for the Eastern District of New York, R. Kenneth Barnard, Esq., Chapter 7 Operating Trustee (“Trustee”) of the jointly administered estates of E&F Warehousing Corp., (“Warehousing”) and E&F Trucking, Inc. (“E&F”), et al., (collectively the “Debtors”), by counsel, LaMonica Herbst & Maniscalco, LLP (“LH&M”), a hearing (the “Hearing”) on the approval of a sale “as is” “where is” and “wherever located” of all non-receivable assets (the “Assets”)(identified below), of the jointly administered Debtors, including trailers, forklifts, tractors, office fixtures and office fixtures and furniture, upon the terms of sale (the “Sale”), as agreed to between the Trustee and Lawrence Frisina, or his designee (the “Purchaser”), for the purchase price of $75,000.00 (the “Purchase Price”), free and clear of all liens, claims and encumbrances but subject to any leases on the Assets (the “Liens”), with such Liens, if any, to attach to the net proceeds of the Sale in the amount and priority as they presently exist, and subject to such higher and better offers that may be received by the Trustee, is scheduled for approval before the Hon. Dorothy Eisenberg, United States Bankruptcy Judge, United States Bankruptcy Court, 290 Federal Plaza, Courtroom 760, Central Islip, New York 11722 on November 24, 2009 at 11:00 a.m. PLEASE TAKE FURTHER NOTICE that only Higher and Better Offers (as defined below) will be entertained prior to or at the Hearing. PLEASE TAKE FURTHER NOTICE that in order to be considered a Higher and Better Offer, an Entity shall agree to the same terms of sale “as is” “where is” and “wherever located” and shall: (1) submit an initial cash offer (the “Initial Cash Offer”), without financing or due diligence inquiries, in the amount of $95,000.00 or higher; (2) each and every offer after the Initial Cash Offer must be in increments of no less than $5,000.00; (3) submit a deposit (the “Deposit”) to the Trustee at or prior to the Hearing, by bank or certified check payable to “R. Kenneth Barnard, Esq., as Trustee” in the amount of $20,000.00; (4) provide financial information to the Trustee or LH&M which fairly demonstrates its ability to close on its purchase of the Assets; (5) consent to closing on the purchase within forty-eight (48) hours of the Hearing; and (6) acknowledge that if for any reason there is a failure to close within the specified time frame, the Deposit shall be deemed non-refundable and shall be forfeited. PLEASE TAKE FURTHER NOTICE that if a Higher and Better Offer does not become the successful purchaser, its deposit shall be returned to it within three (3) business days after the closing of a sale to the Higher and Better Offer. PLEASE TAKE FURTHER NOTICE that at such time as it appears to the Trustee, in the exercise of his reasonable discretion, that none of the Higher and Better Offers and the Purchaser present at the Hearing are prepared to continue bidding, the Trustee shall close the bidding and the Entity having submitted the Highest or Best Offer for the purchase of the Assets shall be declared the Successful Purchaser. The Trustee shall thereafter submit an Order to the Bankruptcy Court confirming the sale to the Successful Purchaser. PLEASE TAKE FURTHER NOTICE that any requests for additional information about the Assets can be obtained by contacting counsel to the Trustee, LaMonica Herbst & Maniscalco, LLP, Gary F. Herbst, Esq., 3305 Jerusalem Avenue, Wantagh, New York 11793, 516-826-6500. Dated: Wantagh, New York November 17, 2009, LaMonica Herbst & Maniscalco, LLP, Counsel to R. Kenneth Barnard, Esq., as Trustee, Gary F. Herbst, Esq., 3305 Jerusalem Avenue, Wantagh, New York 11739, Telephone 516-826-6500 ** Assets “AS IS” “WHERE IS” and “WHEREVER LOCATED” including: Trailers: Approximately 20-25 older trailers that range in age from 1980- 1992. (5) - Leased 2005 Hyundai Trailers subject to GE Transportation Finance (7)- Leased 1998 Great Dame Trailers subject to North Fork Leasing (3)- Leased 1998 Wabash Trailers subject to North Fork Leasing *** NOTE THAT TRAILERS ARE LOCATED THROUGHOUT VA, NJ and NY. Forklifts: NOTE THAT NOT ALL ARE IN WORKING ORDER (10) operative forklifts approx. 3000 to 6000 lbs. Pallet wrapping machine- non-operative unit, Pallet jacks- (4) working hand jacks, Electric Pallet jacks- (3) working units- Dock plates- (2)- Reach trucks-(4) working units and (1) non-operative unit- Order picking- (1) non-operative unit - Tractors: 1989 Peterbilt Tractor; 1996 Freightliner; 1990 International- in repair shop. Office Fixtures and Furniture- desks, chairs, copiers, faxes, couch, chairs, phone system and numbers, table, chairs, refrigerator, file cabinets, and computers.
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