Legal Opinion

In Re McDaniel

United States Bankruptcy Court, N.D. Florida

Decided April 7, 1992No. 19-30136PublishedCited by 10 opinions

1Opinion of the Court

ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION

LEWIS M. KILLIAN, JR., Bankruptcy Judge.

This matter came before the Court on Ronald A. Mowrey, Trustee’s objection to Debtors’ Grady W. and Margaret McDaniel, Claim of Exempt Property. The issue before the Court is whether payments from Debtor’s former CPA firm are fresh start wages under § 541(a)(6) and therefore excluded from Debtor’s estate. Having considered the argument of counsel, the evidence presented, and for the reasons set out below, we hold that the payments are part of Debtor’s estate and not within the “services” exception of §…

2Cases cited7 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. In Re Scotty Lee Schneider and Anna Lucille Schneider, Debtors. Scotty Lee Schneider & Anna Lucille Schneider v. Edward J. Nazar, TrusteeCourt of Appeals for the Tenth Circuit · 1988
  3. In Re BlumanUnited States Bankruptcy Court, E.D. New York · 1991
  4. In Re WeylandUnited States Bankruptcy Court, E.D. Wisconsin · 1986
  5. In Re MontoyaUnited States Bankruptcy Court, M.D. Florida · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Andrews v. Riggs National Bank (In re Andrews)Court of Appeals for the Fourth Circuit · 1996
  2. Johnson v. Taxel (In Re Johnson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. United States v. Jones (In Re Jones)District Court, D. Kansas · 1995
  4. Andrews v. Hall (In Re Andrews)United States Bankruptcy Court, E.D. Virginia · 1993
  5. Venn v. Sherman (In Re Sherman)United States Bankruptcy Court, N.D. Florida · 2004

5 more not listed; retrieve them via the Exa API.

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