In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
Appellant-debtor Nell Carter filed for personal bankruptcy under Chapter 7. In her bankruptcy schedules she claimed that a check for $43,260.58 received from her subchapter S corporation constituted employee earnings under California Civil Procedure Code (“C.C.P.”) § 706.011 and was therefore exempt from inclusion in the bankruptcy estate under C.C.P. § 704.070(b). The bankruptcy court sustained the trustee’s objection to Carter’s claimed exemption, and a divided panel of the Ninth Circuit Bankruptcy Appellate Panel affirmed. We reverse and remand for further…
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