Legal Opinion
In Re Malloy
United States Bankruptcy Court, M.D. Florida
Decided February 13, 1980No. Bankruptcy 79-649-BK-J-GPPublishedCited by 18 opinions
1Opinion of the Court
ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTIONS
GEORGE L. PROCTOR, Bankruptcy Judge.
The debtor was, during the relevant pre-petition time period, an insurance sales agent whose remuneration came in the form of commissions. When he sold a policy, he would receive part of the commission immediately and the remainder would be paid to him over a number of years providing the policyholder renewed the policy. The debtor claimed approximately $500 of these renewal commissions as exempt, and the trustee has objected.
The threshold question is whether the renewal commissions are “property" within…
2Cases cited4 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- In re WrightCourt of Appeals for the Second Circuit · 1907
- E. Cecil Wiley v. Public Investors Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1974
- In Re JonesDistrict Court, D. Minnesota · 1971
3Cited by18 opinions
- Waldschmidt v. CBS, INC.District Court, M.D. Tennessee · 1981
- In Re Edward Schlein and Kay Schlein, Debtors. Edward Schlein and Kay Schlein v. George E. Mills, Jr., Trustee, Florida National BankCourt of Appeals for the Eleventh Circuit · 1993
- In Re KervinUnited States Bankruptcy Court, S.D. Alabama · 1982
- In Re MontoyaUnited States Bankruptcy Court, M.D. Florida · 1987
- American Family Life Assurance Co. v. Parker (In Re Parker)United States Bankruptcy Court, M.D. Georgia · 1981
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