Martin v. BarclaysAmerican/Leasing, Inc. (In Re Martin)

MEMORANDUM OF OPINION ON CONSULTING AGREEMENT

JOHN C. AKARD, Bankruptcy Judge.

BarclaysAmerican/Leasing (Barclays) objected to Debtors’ claim of exemption to income received by Lang C. Martin, Jr. pursuant to a Consulting and Non-Competition Agreement. Mr. Martin brought this adversary proceeding to determine the extent and priority of the lien asserted by Barclays on the income from the consulting agreement. The Trustee-in-Bankruptey asserted that Barclays’ lien can be set aside as a preference. The court finds that such income is not exempt under Tex.Prop.Code Ann. § 42.002(8) (Vernon 1984)…