Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello and thank you for allowing me the opportunity to assist you.
The issue is not when you were paid, but when you earned the commission. An already earned, but unpaid commission will be part of your bankruptcy estate and will be used as a factor in determining whether or not you qualify for a Chapter 7. If you had not yet earned the commission when you filed for Chapter 7, then I don’t believe it should be a factor in your bankruptcy.
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
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PLEASE CLARIFY DEFINITION OF WHEN EARNED?
THESE TRANSACTIONS WERE IN ESCROW.
THEY HAD NOT CLOSED.
THEY CLOSED AFTER I FILED.
FROM WHEN THEY CLOSE TO THE POINT I GET PAID ABOUT A WEEK GOES BY.
It sounds like you had earned the commission by that point. Look at it like this: If the two parties agreed to void the sales contract and fire you in order to save commission, and then created a new contract without you the following day, would you have a strong legal argument that you had earned the commission? Most likely yes … I doubt the parties would win by arguing that they had not yet closed the deal when you were fired.