[CLBS] commissions

[Katie Dullea]

Not enough.  I'll try both I.C. 11-605(11) & (12).  Thanks!

 

From: Ryan F [mailto:refasu at gmail.com] 
Sent: Monday, September 16, 2013 12:47 PM
To: Katie Dullea
Cc: Bankruptcy list
Subject: Re: [CLBS] commissions

 

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
<mailto: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

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov <mailto:CLBS at admws.idaho.gov> 
http://admws.idaho.gov/mailman/listinfo/clbs