Legal Opinion

In re Carrera

District Court, S.D. New York

Decided December 26, 1979No. Bankruptcy No. 79 B 1454PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM & ORDER

JOHN J. GALGAY, Bankruptcy Judge.

This motion by a creditor of Dr. Carrera to dismiss a Chapter XIII case squarely presents the Court with the question of whether a self-employed physician with a part time instructorship is a “wage earner” as defined under § 606(8) of the Bankruptcy Act, 11 U.S.C. § 1006. The facts presented in the debtor’s amended petition, and in an examination before the Court, require a finding that the case be dismissed pursuant to Rule 13-112 of the Rules of Bankruptcy Procedure.

On August 21, 1979 Dr. Gumersindo P. Carrera filed a Chapter XIII petition…

2Cases cited4 opinions

  1. Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
  2. Richard Francis Hallenbeck and Gertrude D. Hallenbeck v. Penn Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1963
  3. In Re BradfordDistrict Court, N.D. Alabama · 1967
  4. In Re ReedDistrict Court, E.D. Virginia · 1968

3Cited by1 opinion

  1. Brown v. J. & E. Stevens Co.Supreme Court of Connecticut · 1884

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