Zoltanski v. Gagne (In Re Gagne)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause came before the Court upon the Trustee’s Complaint for Recovery, Accounting and Turn Over. This Order specifically addresses Count 2 of the Trustee’s Complaint, Recovery of Money.

The trustee is seeking to recover commissions earned by the Debtor upon the sale of three properties. The issue involved is whether these commissions were earned before the date of the Debtor’s filing his voluntary petition in bankruptcy, thus becoming property of the estate.

FACTS

The Court finds the following facts:

1.) Debtor Brent Gagne filed…