In Re Palidora
United States Bankruptcy Court, D. Arizona
1Opinion of the Court
AMENDED OPINION
RANDOLPH J. HAINES, Bankruptcy Judge.
The Court must here determine whether the cash derived from wages paid prepetition retains the status of a wage exemption, and whether cash derived from child support paid to the debtor prepetition is property of the estate. The Court concludes that the Arizona exemption for wages does not apply once they are paid, but that Arizona statutes and case law deem child support payments to be for the benefit of the child and therefore not property of the parent debtor’s estate, and in any event are exempt, even after receipt and deposit.
When Frank…
2Cases cited19 opinions
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
- W. J. Usery, Jr., Secretary of Labor, United States Department of Labor v. First National Bank of Arizona, a National Banking AssociationCourt of Appeals for the First Circuit · 1978
- Marriage of Little v. LittleArizona Supreme Court · 1999
- Lamb v. SUPERIOR COURT, ETC.Arizona Supreme Court · 1980
- In Re AndersUnited States Bankruptcy Court, D. Nevada · 1993
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3Cited by3 opinions
- In Re ThiemUnited States Bankruptcy Court, D. Arizona · 2011
- In Re MulvihillUnited States Bankruptcy Court, D. Arizona · 2005
- In re ChristakosUnited States Bankruptcy Court, W.D. Missouri · 2016