Burciaga v. Moglia

Manish S. Shah, U.S. District Judge

Debtor-appellant George Burciaga filed for bankruptcy a week after he was laid off. [14] at 7; [15] at 6.1 His former employer still owed him $24,000 in accrued vacation pay, so he listed 85% of that sum as exempt, citing Illinois's protections for unpaid wages. [14] at 7; [15] at 6. See also 735 ILCS 5/12-803. The trustee objected, the bankruptcy court sustained the objection, and Burciaga filed a timely appeal. [14] at 7-8; [15] at 6; [1]; [4-4] at 20-21; Fed. R. Bankr. P. 8002(a)(1).

Decisions involving exemptions are final orders, Matter of Wade , 991…