[CLBS] commissions

[Ryan F]

I.C. 11-605(12) allows protection of up to $1,500 of wages that have been
earned, but unpaid prior to date of filing.

Is that enough to cover these commissions?

Ryan Farnsworth
Avery Law
Idaho Falls, ID


On Mon, Sep 16, 2013 at 1:41 PM, Katie Dullea <katied at nctv.com> wrote:

> 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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