Binswanger Companies v. Merry-Go-Round Enterprises, Inc. (In Re Merry-Go-Round Enterprises, Inc.)

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

E. STEPHEN DERBY, Bankruptcy Judge.

I. Introduction

Before the court is Plaintiffs Motion for Summary Judgment, Defendant’s Opposition, and Plaintiffs Reply Brief. Plaintiff, The Binswanger Companies (Binswanger), having partially survived a motion to dismiss, see 218 B.R. 361 (Bankr.D.Md.1998), seeks summary judgment awarding it a six percent commission from the Chapter 7 Trustee (Trustee) for acting as the procuring broker in the sale of the Debtors’ warehouse. Because there is a genuine issue of material fact, viz.…