Whether a real estate agent sold her rights to her commission, or received a loan in that amount from the factor financer was a question to be determined by the facts of the case. Here, where factoring company sought payment from the realtor during her bankruptcy, the factor was liable and contempt for violating the automatic stay. The factor was seeking repayment as the holder of a loan, rather than as recipient of a sale, and at the time the factor sought payment, it was barred by the automatic stay from doing so.
Furthermore, the objective standard of the Supreme Court in Taggart v. Lorenzen required that the factor be held liable, because the factor could not have believed in good faith belief that the automatic stay did not apply.
In re Jill Suzann Medley, Ninth Circuit Bankruptcy Appellate Panel Case No. BAP No. CC-22-1167-FLC, Filed February 13, 2023

 

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