Harris v. Viegelahn
Supreme Court of the United States
1Opinion of the CourtJustice Ginsburg
This case concerns the disposition of wages earned by a debtor after he petitions for bankruptcy. The treatment of postpetition wages generally depends on whether the debtor is proceeding under Chapter 13 of the Bankruptcy Code (in which the debtor retains assets, often his home, during bankruptcy subject to a court-approved plan for the payment of his debts) or Chapter 7 (in which the debtor’s assets are immediately liquidated and the proceeds distributed to creditors). In a Chapter 13 proceeding, postpetition wages are “[property of the estate,” 11 U.S.C. § 1306(a), and may be collected by…
2Cases cited9 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- In Re: Barry L. Michael v.Court of Appeals for the Third Circuit · 2012
- Waugh v. Saldamarco (In Re Waugh)United States Bankruptcy Court, W.D. Pennsylvania · 1988
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3Cited by188 opinions
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- Thomas v. FTS USA, LLCDistrict Court, E.D. Virginia · 2016
- MarketGraphics Research Grp. v. David BergeCourt of Appeals for the Sixth Circuit · 2020
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