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IN RE CLAVIS SMITH BLDG., INC.

Bankruptcy No. 89-24943-B.

112 B.R. 768 (1990)

In re CLAVIS SMITH BUILDING, INC., Debtor.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

March 16, 1990.

Attorney(s) appearing for the Case

Carolyn L. Camardo, Marcus, Santoro & Kozak, Portsmouth, Va., for debtor.

Robin Tolerton, Tolerton and Brown, P.C., Norfolk, Va., Steven J. Marsey, Glasser & Macon, P.C., Chesapeake, Va., for plaintiff/objector.

Debera F. Conlon, Norfolk, Va., Asst. U.S. Trustee.

Melvin R. Zimm, Glasser and Glasser, Norfolk, Va., for Commerce Bank.

OPINION AND ORDER

HAL J. BONNEY, Jr., Bankruptcy Judge.

This matter comes before this Court as a case of first impression. Does a real estate agent have a mere claim for its contracted fee? The debtor has filed an application for authority to sell property pursuant to 11 U.S.C. § 363 and to distribute the proceeds. Advantage Realty (hereinafter "Re-Max") objects to the sale and proposed distribution of the...

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