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.
DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).