Yaden v. Robinson (In Re Robinson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
We must decide whether Oregon law exempts a portion of accrued unpaid earnings in bankruptcy. Resolving the issue left open in Yaden v. Osworth (In re Osworth), 234 B.R. 497 (9th Cir. BAP 1999), we conclude that Oregon does exempt such earnings, and AFFIRM.
FACTS
The joint debtors were owed $430.93 and $425.39, respectively, in accrued but unpaid wages at the time of bankruptcy. Treating the Oregon garnishment statute as creating an exemption, they each claimed 75 percent — i.e., .$323.20 and $319.04, respectively, — as exempt.
The chapter 7 trustee objected to the…
2Cases cited9 opinions
- Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Lawrence v. Jahn (In Re Lawrence)District Court, E.D. Tennessee · 1998
- Zidell Marine Corp. v. West Painting, Inc.Oregon Supreme Court · 1995
- Goldman v. Salisbury (In re Goldman)Court of Appeals for the Ninth Circuit · 1995
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- In Re HaraughtyUnited States Bankruptcy Court, S.D. Indiana · 2009
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