Exemption Of Funds From Student Loan Proceeds In Bankruptcy

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Are the funds that a debtor deposits in his or her bank account exempt, if those funds are exclusively the proceeds of a federal student loan?  This was the question recently examined by a Kansas bankruptcy court.  The case was In Re Decena, and it was decided on March 30, 2015 (Case no. 14-10668,  Dist. Of Kansas).

In the Decena case, the debtor filed a Chapter 7 bankruptcy and listed on the schedules a bank account that held funds that were exclusively loan proceeds from federally-guaranteed student loans.  There was about $4500 in the account on the day of the filing of the case.

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Commissions From Pre-Petition Real Estate Sales Contracts: Property Of The Bankruptcy Estate?

There are situations in which bankruptcy debtors work in fields that involve “commissions” rather than regular salary.  Examples of these types of employment are real estate agents, insurance brokers, or any other job that pays commissions rather than salary.  Under what circumstances are commissions property of the bankruptcy estate?  What happens, for example, when a real estate agent enters into a sales contract before he files a bankruptcy, but does not “close the sale” until after the bankruptcy is filed?

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