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IN RE CUMMINS

Bankruptcy No. SA 80-01682 PE, Adv. No. SA 80-0860.

8 B.R. 701 (1981)

In re Melvin Beecher CUMMINS, Louise Olivia Cummins, Debtors. James A. FRANKFURTH, dba The Wizard Group, Plaintiff, v. Melvin Beecher CUMMINS and Louise Olivia Cummins, Defendants.

United States Bankruptcy Court, C.D. California.

February 11, 1981.

Attorney(s) appearing for the Case

C. E.H. McDonnell, Tustin, Cal., for plaintiff.

Thomas H. Thornton, Laguna Niguel, Cal., for debtors/defendants.

PETER M. ELLIOTT, Bankruptcy Judge.

In this adversary proceeding, the plaintiff real estate broker seeks to recover from the debtors a real estate commission in the amount of approximately $66,000. At the outset of the case, the following issue was squarely presented: can plaintiff recover when his employment as broker was not authorized by this court under 11 U.S.C. § 327?

Section 327(a) provides, in part, that the trustee, subject to court approval...

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