Legal Opinion
In Re Roetman
United States Bankruptcy Court, D. Arizona
Decided February 25, 2009No. 2:08-bk-09504-RJHPublishedCited by 2 opinions
1Opinion of the Court
OPINION RE EXEMPT STATUS OF COMMISSIONS
RANDOLPH J. HAINES, Bankruptcy Judge.
The Trustee objects to the debtor’s claimed exemption of pre-petition real estate commissions under Arizona Revised Statute (“A.R.S.”) § 33-1131. The Trustee argues that commissions paid to an independent contractor do not qualify as “earnings” because the exemption statute requires an “employer-employee” relationship. This court does not interpret A.R.S. § 33-1131 to require an “employer-employee” relationship in order for commissions to qualify as earnings, so the Trustees’ objection is denied and the debtor’s…
2Cases cited19 opinions
- In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
- 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
- In Re Windmill Farms, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Matcha v. WinnCourt of Appeals of Arizona · 1981
- Powers v. CarpenterArizona Supreme Court · 2002
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3Cited by2 opinions
- In re WollerUnited States Bankruptcy Court, W.D. Wisconsin · 2012
- Shirley Foose McClureUnited States Bankruptcy Court, C.D. California · 2019