Quarles House Apartments v. Plunkett (In Re Plunkett)

MEMORANDUM DECISION

C. N. CLEVERT, Bankruptcy Judge.

The narrow issue before the court, on the Trustee’s motion for partial summary judgment, is whether, as of the date of the filing of his Chapter 11 petition, Oliver Plunkett’s right to manage the Quarles House Apartments and to receive 6% of the annual gross rental as a management fee, in accordance with the Quarles House Apartments partnership agreement, constituted property of the estate under 11 U.S.C. § 541.

For the purpose of this motion, the parties have stipulated to the facts. The relevant facts are as follows: The plaintiff, Quarles…