Legal Opinion

In Re Mulvihill

United States Bankruptcy Court, D. Arizona

Decided June 22, 2005No. 2-05-02070-PHX-CGCPublished

1Opinion of the Court

UNDER ADVISEMENT DECISION RE: OBJECTION TO EXEMPTIONS

CHARLES G. CASE, II, Bankruptcy Judge.

At issue is the Trustee’s objection to an exemption Debtors claim in potential proceeds from a pending state court lawsuit they have against Mark Tapley, Debtor Teresa Mulvihill’s former employer. In particular, Debtors list as exempt, pursuant to Arizona Revised Statute (“A.R.S.”) section 33-1131(B) and 15 U.S.C. section 1673, seventy-five percent (75%) of “approximately $12,250 in alleged unpaid bonus earnings.” The crux of the dispute is whether any litigation award in the case constitutes wages and,…

2Cases cited5 opinions

  1. Frazer, Ryan, Goldberg, Keyt & Lawless v. SmithCourt of Appeals of Arizona · 1995
  2. In Re EliaUnited States Bankruptcy Court, D. Arizona · 1996
  3. In Re HoffpauirUnited States Bankruptcy Court, D. Arizona · 1990
  4. Plant v. Goernitz (In Re Plant)United States Bankruptcy Court, D. Arizona · 2003
  5. In Re PalidoraUnited States Bankruptcy Court, D. Arizona · 2004

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