Legal Opinion

Tully v. Taxel (In Re Tully)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 17, 1996No. BAP No. SC-95-2303-JOAs, Bankruptcy No. 93-04790-H7PublishedCited by 23 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

The debtor, Regan Tully (“Tully”), a real estate broker, appeals from an order of the bankruptcy court holding certain real estate commissions earned by Tully to be property of the estate. Tully was the broker for a sale of real estate which commenced approximately five years before Tully filed for chapter 7 relief. 1 The sale was pending in escrow at the time the petition was filed. A commission authorization agreement provided that Tuny’s commission would be paid at the close of escrow. Escrow closed three weeks post-petition. The trustee filed a motion for…

2Cases cited10 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Collins v. Vickter Manor, Inc.California Supreme Court · 1957
  4. In Re United States Trustee.Court of Appeals for the Ninth Circuit · 1994
  5. Boyle v. Stefurak (In Re Sloan)United States Bankruptcy Court, E.D. New York · 1983

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3Cited by23 opinions

  1. Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  2. Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  3. United Student Aid Funds Inc. v. Taylor (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
  5. In Re Paul Clayton Jess, Debtor. Paul Clayton Jess v. Raymond Carey, TrusteeCourt of Appeals for the Ninth Circuit · 1999

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