[CLBS] commissions

Katie Dullea katied at nctv.com
Mon Sep 16 13:41:19 MDT 2013


Dear Listmates:
My chapter 7 client is a travel agent of sorts.  She has set up a couple of
trips, meaning that she has probably earned the commissions pre-petition and
they would then be property of the estate.  Two twists:  1) She does not get
paid until the travel has been completed.  If she were to get paid prior to
travel and the clients didn't go, she'd have to refund the commissions, so
are they really property of the estate; and 2) The commissions are entirely
the product of her toil, so I'm wondering if she can use the garnishment
statute to preserve 75%.  Ideas?

--Katie Dullea



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