Johnson v. Investment Leasing, Inc. (In Re Johnson)

MEMORANDUM OPINION & ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER came on for trial on Debtor/Plaintiff’s Complaint to Recover Property of the Estate. The relevant facts are undisputed.

On August 4, 1982, Mr. Johnson and Mr. Yattaw formed a partnership known as Electrical Sales of Colorado. Investment Leasing (“Defendant”) was a creditor of Electrical Sales. On December 2, 1983, the partnership was dissolved. At the time of dissolution, Yattaw and Johnson agreed between themselves, that Johnson, individually, would be entitled to receive the commissions of certain partnership…