IN RE ROBERTS

Bankruptcy No. 80-04689, Adv. No. 84-0161.

58 B.R. 65 (1986)

In re Albert W. ROBERTS, Jr. and Caroline Roberts, Debtors. Ronald L. GLICK, Trustee, Plaintiff, v. Donald J. BROGAN, Paparone Group/Don Brogan Realty, Star Realty, j/s/a, Defendants.

United States Bankruptcy Court, D. New Jersey.

February 14, 1986.


Attorney(s) appearing for the Case

Ronald L. Glick, Cinnaminson, N.J., plaintiff/trustee for Estate of Albert W. Roberts, Jr. and Caroline Roberts.

Donald L. Katz, Turnersville, N.J., for defendants, Donald J. Brogan and Paparone Group/Don Brogan Realty.

Robert S. Greenberg, Vineland, N.J., for defendant, Star Realty.


OPINION

EMIL F. GOLDHABER, Chief Judge:1

The query posed by this case is whether a realtor, not appointed by the bankruptcy court, who sells property of the estate without court approval or notice to creditors, may be compelled to disgorge the commissions which he received to the trustee. We conclude that turnover of the commissions is required.

We summarize the facts of this controversy as follows:2...

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