In the Matter of Jacob Jack Aveni, Jr., Bankrupt. Jacob Jack Aveni, Jr. v. Morton Richman, Trustee in Bankruptcy

The question presented on appeal is whether the non-exempt portion of a bankrupt’s wages, which was accrued but unpaid on the date of the filing of his petition, passes to the trustee in bankruptcy as “property” under § 70, sub. a(5) of the Bankruptcy Act, 30 Stat. 565, as amended, 11 U.S.C. § 110(a) (5), where such wages were the bankrupt’s sole source of income. The referee in bankruptcy granted an application by the trustee for a “turnover order” of the amount in question, $71.50, holding that this amount is “property” which passes to the trustee under the Act. Upon denial of the…