Legal Opinion

Towers v. Wu (In Re Wu)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 24, 1994No. BAP No. NC-93-1161-PeMeG. Bankruptcy No. 91-3-1244-TTC. Adv. No. 92-3-559-TTCPublishedCited by 30 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge:

The Chapter 7 trustee filed an adversary proceeding seeking to recover certain renewal commissions paid to the debtor postpetition. The bankruptcy court denied the trustee’s motion for summary judgment and granted the debtor’s motion for summary judgment, determining that the renewal commissions represented earnings from postpetition services of the debtor that were not property of the estate under 11 U.S.C. §’ 541(a)(6). 3 We AFFIRM in part, REVERSE in part and REMAND for further proceedings consistent with this Opinion.

FACTS

The debtor, Sophia C.Y. Wu, has…

2Cases cited11 opinions

  1. Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. In Re Edward R. Fitzsimmons, Debtor. Edward R. Fitzsimmons v. Edward M. Walsh, Trustee, and Official Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1984
  3. In Re BlumanUnited States Bankruptcy Court, E.D. New York · 1991
  4. Vogel v. Palmer (In Re Palmer)United States Bankruptcy Court, W.D. Virginia · 1986
  5. In Re Robert J. Burns, Debtor. Robert J. Burns v. United StatesCourt of Appeals for the Ninth Circuit · 1992

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3Cited by30 opinions

  1. Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
  2. Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
  3. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  4. Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
  5. In Re Paul Clayton Jess, Debtor. Paul Clayton Jess v. Raymond Carey, TrusteeCourt of Appeals for the Ninth Circuit · 1999

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