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IN RE ROETMAN

No. 2:08-bk-09504-RJH.

405 B.R. 336 (2009)

In re Craig R. ROETMAN, Debtor.

United States Bankruptcy Court, D. Arizona.

February 25, 2009.

Attorney(s) appearing for the Case

Harold E. Campbell, Harold E. Campbell, PC, Mesa, AZ, for Debtor.

Terry A. Dake, Terry A. Dake, Ltd., Phoenix, AZ, for Trustee.

OPINION RE EXEMPT STATUS OF COMMISSIONS

RANDOLPH J. HAINES, Bankruptcy Judge.

The Trustee objects to the debtor's claimed exemption of pre-petition real estate commissions under Arizona Revised "Statute ("A.R.S.") § 33-1131. The Trustee argues that commissions paid to an independent contractor do not qualify as "earnings" because the exemption statute requires an "employer-employee" relationship. This court does not interpret A.R.S. § 33-1131 to...

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