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MATTER OF PLUNKETT

Bankruptcy No. 82-01119, Adv. Nos. 82-0481, 82-0674.

23 B.R. 392 (1982)

In the Matter of Oliver PLUNKETT, Monica Plunkett, Debtors. QUARLES HOUSE APARTMENTS, Plaintiff, v. Oliver PLUNKETT, Monica Plunkett, Thomas Korb, Interim Trustee, Defendants. QUARLES HOUSE APARTMENTS, Plaintiff, v. Oliver PLUNKETT, Monica Plunkett, Ralph Anzivino, Trustee, Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

September 27, 1982.

Attorney(s) appearing for the Case

Harry W. Theuerkauf, Keith R. Varner, Milwaukee, Wis., for plaintiff.

Donald A. Schoenfeld, Habush, Habush & Davis, James Shellow, Shellow, Shellow & Glynn, Milwaukee, Wis., for debtors/defendants.

David A. Erne, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Milwaukee, Wis., for trustee Anzivino.

Richard E. Braun, Whyte & Hirschboeck, Milwaukee, Wis., for Unsecured Creditors' Committee.

Stephen E. Kravit, Godfrey & Kahn, Milwaukee, Wis., for Continental Bank.

MEMORANDUM DECISION

C.N. CLEVERT, Bankruptcy Judge.

The narrow issue before the court, on the Trustee's motion for partial summary judgment, is whether, as of the date of the filing of his Chapter 11 petition, Oliver Plunkett's right to manage the Quarles House Apartments and to receive 6% of the annual gross rental as a management fee, in accordance with the Quarles House Apartments partnership agreement, constituted property of the estate under 11 U.S...

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