Logourl black
From our private database of 14,000+ case briefs...

Prochnow v. Apex Properties, Inc.

United States District Court for the Central District of Illinois
467 B.R. 656 (2012)


Facts

Jeffrey Prochnow (plaintiff) was a realtor for Apex Properties, Inc., which was doing business as Remax Choice of Bloomington, Illinois, (Remax) (defendant), a real-estate broker. Prochnow entered into a Broker-Realtor-Associate Contract (Contract) with Remax in 2006, allowing for Prochnow to be paid on a commission basis. The commission was not to be paid to Prochnow until after the closing of the property was completed and after Remax received a commission. Prochnow filed for Chapter 7 bankruptcy in August 2009, but continued working under the Contract with Remax until January 2010. Prochnow’s bankruptcy case closed in February 2010. Prochnow filed a motion to reopen his case in June 2010 in order to obtain his commissions on property closings that occurred after he filed for bankruptcy. The bankruptcy court ruled in favor of Remax, stating that the contracted commission was part of Prochnow’s bankruptcy estate because the commission was earned prior to the bankruptcy petition. The bankruptcy court also stated that Prochnow was judicially estopped from recovering the commission because Prochnow had not disclosed the commission as part of his estate on his schedules. Prochnow appealed the bankruptcy court’s decision.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Myerscough, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.