[CLBS] commissions

[Randal French]

I agree. So it is 11-207 and 11-605(12) for the 75% exemption plus the $1500 exemption for wages earned but unpaid.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ryan F
Sent: Monday, September 16, 2013 2:43 PM
To: Catherine Dullea
Cc: Bankruptcy list
Subject: Re: [CLBS] commissions



I don't think 11-605(11) applies,  as it is not tangible property.
On Sep 16, 2013 2:08 PM, "Katie Dullea" <katied at nctv.com> wrote:

> 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> 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
> http://admws.idaho.gov/mailman/listinfo/clbs****
>
> ** **
>
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