· 10/17/1996
Tully v. Taxel (In Re Tully)
Citations
- 202 B.R. 481
- 37 Collier Bankr. Cas. 2d 158
- 97 Cal. Daily Op. Serv. 79
- 96 Daily Journal DAR 14449
- 1996 Bankr. LEXIS 1479
- 1996 WL 683793
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to allow real estate agents to file bankruptcy petitions shortly before escrow closings and then claim their commissions as post-petition earnings would circumvent the purpose of the Code
- finding debt- or’s commissions from sales pending in escrow were earned prepetition even though the commission agreement provided for payment only upon completion of escrow
- where commission was earned when broker located ready, willing, and able buyer, commission was pre-petition earning even though closing took place post-petition
- real estate commissions received postpetition by debtor were property of the estate where “all the acts of the debtor necessary to earn [them] are rooted in. the pre-bankruptcy past”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Ollason, Ashland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.