In Re Paul Kun, AKA Pal Kun, Debtor. James L. Hodge and Sue P. Hodge, AKA Oma Suzanne Hodge, Husband and Wife v. Paul Kun, AKA Pal Kun

This case involves a written contract executed by James Hodge (“Hodge”) and Paul Kun (“Kun”) in 1979. The bankruptcy court held that the contract is enforceable and awarded damages and attorney’s fees. The Bankruptcy Appellate Panel (BAP) held that Hodge has no rights under the contract and reversed the judgment awarding damages and attorney’s fees. We affirm in part, reverse in part, and remand.

I

In 1976, Hodge acted as a real estate salesman in the sale of four properties in Phoenix, Arizona to Kun: the Arizona Ambassador Hotel; the Camelback Village Apartments; the Eastern Arms/Western Arms Apartments; and the Tempe Bel Air Apartments.

During the sale of the Arizona Ambassador Hotel and the Camelback Village Properties, Hodge was employed as a real es tate salesman at Coldwell Banker in Phoenix. In March of 1976, Kun and Hodge incorporated AAA Realty. Hodge effectively resigned from Coldwell Banker on July 16, 1976, when he transferred his license to AAA. Hodge was associated with AAA Realty when he assisted Kun in the purchase of the Eastern Arms/Western Arms and Tempe Bel Air Apartments. Hodge has never claimed that he was acting as a broker during the purchase of any of…