Yaden v. Osworth (In Re Osworth)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge.
I
The bankruptcy court allowed the debtors to exempt an account receivable for a real estate commission.
We REVERSE and REMAND.
II
FACTS
Edward and Kerry Osworth (“Debtors”) were self-employed real estate agents. They filed for relief under Chapter 7 of the Bankruptcy Code (“Code”) on December 15, 1997. The Debtors scheduled an account receivable for a $1,925 commission owed to Edward Osworth. They claimed $1,443.75, or 75%, of the commission exempt as earnings. The Chapter 7 trustee, Boyd C. Yaden, (“Trustee”) objected to the exemption, and the bankruptcy court…
2Cases cited9 opinions
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- W. J. Usery, Jr., Secretary of Labor, United States Department of Labor v. First National Bank of Arizona, a National Banking AssociationCourt of Appeals for the First Circuit · 1978
- Lawrence v. Jahn (In Re Lawrence)District Court, E.D. Tennessee · 1998
- In Re Rufener Construction, Inc.Court of Appeals for the Ninth Circuit · 1995
- Turner v. Marshack (In Re Turner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
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3Cited by9 opinions
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- In Re MarplesUnited States Bankruptcy Court, D. Idaho · 2001
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