Thursday, May 28, 2015

SCOTUS: Postpetition wages escape the trustee

Originally published by David Coale.

In Harris v. Viegelahn, No. 14-400 (May 18, 2015), the Supreme Court resolved a split between the Third and Fifth Circuits and held 9-0 (contrary to the Fifth’s position) that “by excluding postpetition wages from the converted Chapter 7 estate (absent a bad-faith conversion), 11 U.S.C. § 348(f) removes those earnings from the pool of assets that may be liquidated and distributed to creditors.”

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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