In re Rama Group of Companies, Inc.

BACKGROUND

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a Creditors Committee challenge to a business broker’s claim that its “finder’s fee” is entitled to payment out of proceeds of the sale to the buyer it produced. The sale was' post-petition. The production of the buyer was pre-petition. The Committee seeks to relegate the “finder” to general, unsecured, prepetition status.

Although both the brokerage agreement and the purchase and sale agreement contemplated payment of the fee upon closing, the Court permitted the sale to go ahead without payment to the finder, but “without prejudice” to…