Legal Opinion

Frankfurth v. Cummins (In Re Cummins)

United States Bankruptcy Court, C.D. California

Decided February 11, 1981No. Bankruptcy No. SA 80-01682 PE, Adv. No. SA 80-0860PublishedCited by 24 opinions

1Opinion of the Court

PETER M. ELLIOTT, Bankruptcy Judge.

In this adversary proceeding, the plaintiff real estate broker seeks to recover from the debtors a real estate commission in the amount of approximately $66,000. At the outset of the case, the following issue was squarely presented: can plaintiff recover when his employment as broker was not authorized by this court under 11 U.S.C. § 327?

Section 327(a) provides, in part, that the trustee, subject to court approval, may employ one or more attorneys, accountants, appraisers, auctioneers or other professional persons.

Subsection (b) of § 327 authorizes a…

2Cases cited1 opinion

  1. In The Matter Of Laurent Watch Co., Inc.Court of Appeals for the Ninth Circuit · 1976

3Cited by24 opinions

  1. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  2. In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
  3. In Re King Elec. Co., Inc.District Court, E.D. Virginia · 1982
  4. In Re Morton Shoe Companies, Inc.United States Bankruptcy Court, D. Massachusetts · 1982
  5. In Re Charter Co.United States Bankruptcy Court, M.D. Florida · 1985

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API