In Re John Chezik Imports, Inc.

ORDER

JAMES J. BARTA, Chief Judge.

This matter is before the Court on the Operating Trustee’s Objection to Claim 12 submitted by Donald R. Brown (“Claimant”) in the case of John Chezik Imports, Inc. d/b/a/ John Chezik Honda (“Debtor”). The Trustee objected to the allowance of the claim on the grounds that the contract between the purchaser, Greig Pratt 1 , Breakaway L & M (“Purchaser”), and the Debtor never closed and that there was, in fact, no sale. It was the Trustee’s position that without a sale, the Claimant did not earn a commission.

The Claimant agreed that the sale did not close but…