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IN RE CARTER

No. 97-551177.

182 F.3d 1027 (1999)

In re Nell CARTER, Debtor. Nell Carter, Appellant, v. Peter C. Anderson, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 1999.

Attorney(s) appearing for the Case

Steven E. Smith, Danning, Gill, Diamond & Kollitz, Los Angeles, California, for the appellant.

Julie A. Page and John P. Pringle, Roquemore, Pringle & Moore, Los Angeles, California, for the appellee.

Before: D.W. NELSON, FERNANDEZ, and WILLIAM A. FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

Appellant-debtor Nell Carter filed for personal bankruptcy under Chapter 7. In her bankruptcy schedules she claimed that a check for $43,260.58 received from her subchapter S corporation constituted employee earnings under California Civil Procedure Code ("C.C.P.") § 706.011 and was therefore exempt from inclusion in the bankruptcy estate under C.C.P. § 704.070(b). The bankruptcy court sustained the trustee's objection to Carter...

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