2001 Dodge Dakota

Pickup truck

Unspecified

Automatic

1B7HL2AX71S235602

Clear

Gasoline

For Sale by Bankruptcy Estate: 2001 Dodge Dakota (Quad Cab) Vehicle Description: Transmission: Automatic; Color (outside): Black; Interior Color: Gray; Mileage: 147,301 VIN #1B7HL2AX71S235602 Vehicle: Air conditioning, power door locks, power windows, remote keyless entry, seats 6, cruise control, tilt wheel, sliding rear window, CD (single disc), cassette deck, box cover with lock Carfax report: Open Recall found for #G28 Gear Shift Lever Blocker Defects: Cigarette burns on seats (see photo), Passenger mirror cracked (see photo), Scratch on hood (see photo); Code Reader also reveals: Evaporative Emission Control System Leak Detected (small/gross leak) Location/Date/Time Vehicle may be viewed: Location: 1533 N 12th Street, Bismarck, ND Dates: May 3-5, 2011 Time: 1 – 5 p.m. Payment is by Cashier’s Check, Certified Check, Wire Transfer or Cash on Delivery (CD). Payment must be confirmed and verified before pick up of vehicle. Vehicle is located in Bismarck, North Dakota and will be released to Buyer in Bismarck, North Dakota or transported at Buyer’s expense. Purchasing Bankruptcy Estate Property on eBay Purchasing property from a bankruptcy estate is not the same as purchasing property from a private party. The transaction is governed by federal bankruptcy law and, in some instances, state law. When a person or entity (referred to as a Debtor) files bankruptcy, Section 541 of the Bankruptcy Code mandates that all of their property, with a few minor exceptions, becomes property of the Bankruptcy Estate. The United States Trustee, Department of Justice, appoints a Trustee to the case and, pursuant to 28 U.S.C. § 586(a), supervises the actions of the Trustee in performance of their duties. The principal duty of the Trustee is to collect and liquidate the property of the estate and to distribute the proceeds to creditors. The Trustee is a fiduciary charged with protecting the interests of the various parties in the estate. Handbook for Chapter 7 Trustees, 6-1 (March 1, 2001). Upon the filing of the bankruptcy, the Trustee is automatically vested with power and control over assets of the Bankruptcy Estate. If the property is personal, such as a computer, vehicle, or equipment, the Trustee takes physical possession and liquidates (sells) the property. It is not uncommon for the Trustee to have extremely limited knowledge of property being sold. The concept of “buyer beware” could not be more applicable. Consequently, you as a potential buyer must thoroughly educate yourself with respect to the property you are considering purchasing. There are two primary methods by which the Trustee sells property: a sale under Bankruptcy Code § 363(b) or a sale under Bankruptcy Code § 363(f). A third method, sales under § 363(h), is used only in rare circumstances. All eBay sales are made consistent with Bankruptcy Code § 363(b). § 363(b) Sale: A conveyance by the Trustee under § 363(b) conveys whatever interest the Bankruptcy Estate had in the property. Clear title is not guaranteed, so you must conduct whatever due diligence you deem necessary to determine the type of title you are acquiring. The asset will be SOLD AS IS, WHERE IS, WITH NO WARRANTIES IMPLIED OR STATED, SUBJECT TO ANY EXISTING LIENS OR ENCUMBRANCES KNOWN OR UNKNOWN BY THE TRUSTEE. The Trustee will list in the Asset Description any known liens or encumbrances. Persons Prohibited from Purchasing Estate Property: It is a violation of federal criminal law for a trustee or officer of the court to purchase directly or indirectly or otherwise deal in property of the estate for which the trustee serves. 18 U.S.C. § 154. Similarly, sales to professionals regularly retained by a trustee should be avoided. A trustee or a professional regularly employed by the case trustee, including the auctioneer, a family member of the trustee or professional, or an employee of the trustee or professional, are not permitted to bid or to buy property at a private sale or at an estate sale conducted by the auctioneer. If you fall within any of these categories, you are a Prohibited Buyer and you may not purchase property from this bankruptcy estate. By bidding on an asset, you are representing that you are not a Prohibited Buyer. Liability for Collusive Bidding: Bankruptcy Code § 363(n) gives the Trustee authority to void any sale if the sale price was controlled by an agreement among potential bidders at such sale. In the alternative, the Trustee may recover from a party to such agreement any amount by which the value of the property sold exceeds the price at which such sale was consummated, and may recover any costs, attorneys’ fees, or expenses incurred in avoiding such sale or recovering such amount. If there is a willful disregard to Section 363(n), the Trustee may also recover punitive damages. By bidding on an asset, you are representing that you are not collusive bidding. On May-08-11 at 10:56:34 PDT, seller added the following information: Additional Information: Vehicle is an Automatic 2 WD; Engine is a 3.9L V6. Please see the mileage is 147,301 as stated in the information portion of the bid.