APPRAISERS AND AUCTIONEERS

(a) (b) EMPLOYMENT OF AUCTIONEER. Unless otherwise ordered by the court, an auctioneer shall be paid pursuant to the scale provided in the Administrative Guide. Ordinary expenses of the sale shall be included in the commission scale, and other expenses may be reimbursed as allowed by the court.

CONDITIONS PRECEDENT TO EMPLOYMENT.

The trustee may employ and compensate an auctioneer without application to the court on the basis set out in (a) above only if the following conditions are satisfied in advance: (1) the auctioneer to be employed under subsection (a) above must have been employed as an auctioneer in a chapter 7 case in this district, by order of this court, within the prior 12 months; the auctioneer must be licensed and in good standing with the North Carolina Auctioneer's Commission consistent with North Carolina General Statute §§ 85B- 3 and 4; the auctioneer must execute and deliver to the trustee the same affidavit that would be required in support of an application for employment of auctioneer otherwise filed with the court; the auctioneer must not have been censured or suspended; and the affidavit executed by the auctioneer must affirmatively set out compliance with the conditions of subsections (2) and (4) above. The trustee shall be entitled to rely on the truth and accuracy of the affidavit submitted by the auctioneer. (2) (3) (4) (5) (c) (d) REPORT BY TRUSTEE. The trustee shall prepare a report of sale that discloses fees paid to the auctioneer, and the report shall be accompanied by the auctioneer's affidavit.

The trustee must file the report of sale with the clerk and serve copies on the bankruptcy administrator.

REPORT BY AUCTIONEER.

An auctioneer employed to conduct a sale on behalf of the bankruptcy estate must file a report of sale following the conclusion of any sale within the time and in the format as prescribed by the bankruptcy administrator. 54 Rule 6070-1 TAX RETURNS AND TAX REFUNDS Tax returns and tax refunds, and their treatment in the context of the automatic stay provided in 11 U.S.C. § 362(a), are addressed in Local Bankruptcy Rule 4001-1(a).

55 PART VII ADVERSARY PROCEEDINGS