Own Luxury Homes®
Bankruptcy Attorney Guide: Motion to Employ Real Estate Broker
Own Luxury Homes® Bankruptcy Specialist Network™: bankruptcy attorney guide to the motion to employ realtor. §327 application package: application, Rule 2014 affidavit 48 hours, proposed order, BPO 5–7 days. U.S. Trustee scrutiny standards. Commission approved as administrative expense.
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Bankruptcy Attorney Guide: Motion to Employ Real Estate Broker
48 hrs
OLH Rule 2014 affidavit delivered after receiving creditor matrix — ready to attach to the motion
Application
Complete §327 application package: affidavit, proposed order, BPO — all in one engagement
U.S. Trustee
OLH’s disclosure standard satisfies USTP scrutiny — all connections disclosed, immaterial ones explained
Commission
5–6% approved as §330 administrative expense — commission language for the proposed order
The bankruptcy attorney drafting a motion to employ a real estate broker under §327 needs one thing from the broker: a complete, accurate, sworn Rule 2014 affidavit that can be attached to the motion without revision and will survive U.S. Trustee scrutiny. OLH delivers that document within 48 hours. This guide explains exactly what the attorney needs from OLH and what OLH needs from the attorney to produce it.
Own Luxury Homes® Bankruptcy Specialist Network ™
Own Luxury Homes® maintains bankruptcy-specialist realtors in every US market across all 50 states. Every specialist understands court procedure, operates within the court’s expectations for estate professionals, and maintains strict conflict-of-interest protocols consistent with 11 U.S.C. §327(a) and Bankruptcy Rule 2014. Rule 2014 affidavit delivered within 48 hours. BPO within 5–7 business days. No dual agency. No exceptions.
What the Attorney Needs from OLH
| Document | What It Contains | OLH Delivery Timeline |
|---|---|---|
| Rule 2014 Affidavit | Sworn disclosure of all OLH connections to debtor, all creditors, all parties in interest, U.S. Trustee | 48 hours after receiving creditor matrix |
| Proposed Employment Order | Standard form approving OLH’s employment at 5–6% commission | Same day as affidavit |
| BPO | Court-formatted broker’s price opinion supporting proposed listing price | 5–7 business days |
| Expedited BPO | For time-sensitive motions | 2–3 business days |
| Engagement confirmation letter | OLH’s written confirmation of availability and terms | Same day as initial contact |
All documents formatted for attachment to the Section 327 application as filed in the relevant district.
What OLH Needs from the Attorney
To produce the Rule 2014 affidavit, OLH requires: (1) The creditor matrix: the full list of all creditors and parties in interest in the case. This is the conflicts check universe. Partial lists produce incomplete affidavits. (2) The case caption: case name, case number, district, chapter. (3) The debtor’s identity: full name(s) of the debtor — and any insiders if known — to check against OLH’s client and business history. (4) The property address: for the BPO and to confirm the OLH specialist’s state licensing. Send these four items to OLH and the affidavit follows within 48 hours.
The U.S. Trustee’s Scrutiny Standards
The U.S. Trustee’s Program reviews Rule 2014 affidavits for completeness and accuracy. Common U.S. Trustee objections in broker employment applications: (1) Incomplete disclosure — connections to creditors not identified. (2) Prior representation of the debtor not disclosed or minimized. (3) Dual agency proposed or not explicitly disclaimed. (4) Commission not tied to a specific percentage or not subject to §330 approval. OLH’s standard affidavit addresses all four: comprehensive creditor matrix check, explicit prior-representation disclosure protocol, unambiguous no-dual-agency declaration, and commission language tying the fee to court approval under §330. If the U.S. Trustee objects, OLH will supplement the affidavit and work with the attorney to resolve the objection.
Ryan Brown, Principal Broker & CEO — Own Luxury Homes®
“The attorney who files a §327 application using an OLH affidavit files a motion they do not have to worry about. The disclosure is complete. The conflicts check is thorough. The dual-agency position is unambiguous. I have never had a Rule 2014 affidavit result in disgorgement. That record exists because I do not take shortcuts on disclosure.”
Own Luxury Homes® — Bankruptcy-specialist realtors in all 50 states. Rule 2014 affidavit in 48 hours. BPO in 5–7 days. No dual agency. Contact us now ›
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Frequently Asked Questions
What does Own Luxury Homes provide for a Section 327 application?
(1) Sworn Rule 2014 Affidavit within 48 hours of receiving the creditor matrix. (2) Proposed Employment Order language for the attorney to adapt. (3) BPO within 5–7 business days (2–3 days expedited). (4) Engagement confirmation letter same day. All documents are formatted for attachment to the §327 application as filed in the relevant district.
What commission language should the attorney use in the Section 327 application?
The application should state that OLH will receive a commission of 5–6% of the gross sale price, subject to approval by the court as an allowable administrative expense under 11 U.S.C. §330. The proposed order should include a provision that the commission shall be paid from sale proceeds at closing upon court approval. OLH’s engagement letter includes suggested commission language for the application.
How does OLH handle U.S. Trustee objections to a Rule 2014 affidavit?
If the U.S. Trustee objects to any aspect of the Rule 2014 affidavit, OLH works with the trustee’s attorney to supplement the affidavit and address the specific concern. Typical objections relate to undisclosed connections or ambiguous language on dual agency. OLH’s standard affidavit is drafted to preempt both objection types, but we remain available to supplement if the U.S. Trustee raises additional questions.
"The introduction Own Luxury Homes® makes is to a specialist with documented closing history in your specific market — not the county, not the metro, the submarket you're actually selling or buying in. That's the standard we verify before your name goes anywhere."
— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)