IN RE AVENI

No. 71-1774.

458 F.2d 972 (1972)

In the Matter of Jacob Jack AVENI, Jr., Bankrupt. Jacob Jack AVENI, Jr., Appellant v. Morton RICHMAN, Trustee in Bankruptcy, Appellee.

United States Court of Appeals, Sixth Circuit.

April 26, 1972.


Attorney(s) appearing for the Case

Paul Mancino, Jr., Cleveland, Ohio, for appellant; Mancino, Mancino & Mancino by Frank Mancino, Cleveland, Ohio, on brief.

Ronald Rubenstein, Cleveland, Ohio, for appellee.

Before CELEBREZZE and PECK, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


PER CURIAM.

The question presented on appeal is whether the non-exempt portion of a bankrupt's wages, which was accrued but unpaid on the date of the filing of his petition, passes to the trustee in bankruptcy as "property" under § 70, sub. a(5) of the Bankruptcy Act, 30 Stat. 565, as amended, 11 U.S.C. § 110(a) (5), where such wages were the bankrupt's sole source of income. The referee in bankruptcy granted an...

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