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IN RE TULLY

BAP No. SC-95-2303-JOAs, Bankruptcy No. 93-04790-H7.

202 B.R. 481 (1996)

In re Regan TULLY, Debtor. Regan TULLY, Appellant, v. Harold S. TAXEL, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 17, 1996.

Attorney(s) appearing for the Case

William M. Rathbone, San Diego, CA, for Appellant.

Melvin E. Morris, San Diego, CA, for Appellee.

Before: JONES, OLLASON, and ASHLAND, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

The debtor, Regan Tully ("Tully"), a real estate broker, appeals from an order of the bankruptcy court holding certain real estate commissions earned by Tully to be property of the estate. Tully was the broker for a sale of real estate which commenced approximately five years before Tully filed for chapter 7 relief.1 The sale was pending in escrow at the time the petition was filed. A commission...

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