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

MEMORANDUM OPINION DISMISSING COUNT I, DISMISSING COUNT II AS TO KEEN, AND DENYING DISMISSAL OF COUNT II AS TO TRUSTEE

E. STEPHEN DERBY, Bankruptcy Judge.

This dispute is whether plaintiff, The Bin-swanger Companies (“Binswanger”), is entitled to a real estate broker’s commission on the $19,000,000 sale of Debtor’s warehouse and distribution center by the Chapter 7 Trustee.

I. BACKGROUND.

During the last weeks of the unsuccessful, Chapter 11 reorganization case of the debtor, Merry-Go-Round Enterprises, Inc. (“MGRE”), Binswanger alleges that it negotiated with the debtor in possession an…