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BATT v. SCULLY

Civ. A. No. 93-1455.

168 B.R. 541 (1994)

Morton BATT, Trustee of the Estate of Leahy Realty, Inc., Appellant, v. Robert J. SCULLY, Jr., Henry R. O'Connor, Daniel R. Bowersock, Mary M. Helverson, and John A. Binder, Appellees.

United States District Court, D. New Jersey.

May 16, 1994.

Attorney(s) appearing for the Case

Markowitz & Zindler by Richard J. Kwansy, Lawrenceville, NJ, for appellant.

Sacharow, Adler, Gold, Taylor & Keyser, P.C. by Robert W. Keyser, Cherry Hill, NJ, for appellees.

OPINION

BROTMAN, Senior District Judge:

The novel issue before the court in this bankruptcy appeal is whether under New Jersey law real estate salespersons are entitled to an equitable lien against their broker on sale proceeds received by the broker after the broker has entered bankruptcy proceedings. For the reasons set forth below, the court holds that the agents do not have an equitable lien.

I. BACKGROUND

A...

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