Legal Opinion
In re: Stephen J. Anderson and Melanie Anderson
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 11, 2017No. BAP ID-16-1316-JuFB; Bk. 4:15-bk-40878-JDPPublishedCited by 4 opinions
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge:
Appellants/debtors, Stephen J. Anderson and Melanie Anderson (Debtors), pose the issue in this appeal as an open question of law which splits the two divisions of the Idaho Bankruptcy Court. Debtors argue that because under Idaho law a licensed real estate professional does not earn a right to a sales commission until the sales transaction closes (which took place in this case after the petition date), such commission is not property of the estate and belongs to Debtors. According to Debtors, this is the position of the trustees in the Boise Division. To the…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Segal v. RochelleSupreme Court of the United States · 1966
- In Re Laurence A. NEUTON; Esther Neuton, Debtors. Laurence A. NEUTON, Appellant, v. Curtis B. DANNING, Trustee, AppelleeCourt of Appeals for the Ninth Circuit · 1990
- Cold Mountain v. GarberCourt of Appeals for the Ninth Circuit · 2004
- 11 Collier bankr.cas.2d 121, Bankr. L. Rep. P 69,956 in Re Larry E. Ryerson, Debtor. Albert M. Rau, Trustee/appellee v. Larry E. Ryerson, Debtor/appellantCourt of Appeals for the Ninth Circuit · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cortney CasperUnited States Bankruptcy Court, D. Idaho · 2021
- In re: Jan Glaser and Tatyana KhomyakovaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- Singh Bros Express LLCUnited States Bankruptcy Court, W.D. Washington · 2025
- Valentine v. Holmes, IIIUnited States Bankruptcy Court, E.D. California · 2022