Denison v. Marina Mile Shipyard, Inc. (In Re New River Dry Dock, Inc.)

Christopher (“Kit”) Denison and his company, Marine Realty, Inc., (collectively “Realtors”) 1 appeal the district court’s af-firmance of the bankruptcy court’s grant of summary judgment in favor of Marina Mile Shipyard, Inc. (“MMS”), one of the creditors of the bankruptcy estate. The Realtors challenge the bankruptcy court’s order to disgorge $490,000 in commissions that they received after brokering the sale of the debtor’s marina property. After review, we affirm.

I. BACKGROUND FACTS

A. The Realtors’ Role in the Bankruptcy Proceedings

In 2006, the debtor, whose primary asset was a marina,…