Legal Opinion
Kenneth Robert Frederick v. Kal W. Lines, Clarence Harris v. Kal W. Lines
Court of Appeals for the Ninth Circuit
Decided April 21, 1970No. 23016_1PublishedCited by 5 opinions
1Opinion of the Court
HUFSTEDLER, Circuit Judge.
Does title to a bankrupt wage earner’s accrued and unpaid vacation pay pass to the trustee in bankruptcy under section 70a(5) of the Bankruptcy Act ? We hold that it does not, disapproving the contrary views expressed in In re Cohen (N.D.Cal.1967) 276 F.Supp. 889 and In re Kuether (N.D.Cal.1962) 203 F.Supp. 223.
The respective trustees of the bankrupt estates of appellants Frederick and Harris secured turnover orders from the referee directing that each of them pay over his vacation pay to the trustee at such future time as each received that pay. The district court…
2Cases cited8 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Segal v. RochelleSupreme Court of the United States · 1966
- Tennessee Valley Authority v. KinzerCourt of Appeals for the Sixth Circuit · 1944
- McCallop v. CarberryCalifornia Supreme Court · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In the Matter of Jacob Jack Aveni, Jr., Bankrupt. Jacob Jack Aveni, Jr. v. Morton Richman, Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1972
- In the Matter of E. v. Moore of California, Inc., a Corporation, Bankrupt. Orlando J. Bowman, Trustee in Bankruptcy v. Bay Area Painters Trust FundCourt of Appeals for the Ninth Circuit · 1971
- In Re KingswoodDistrict Court, C.D. California · 1972
- United States v. 22.95 Acres of LandCourt of Appeals for the Ninth Circuit · 1971
- United States v. 22.95 Acres of Land, More or LessCourt of Appeals for the Ninth Circuit · 1971