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In re Galvez12/13/1999
inherent tension between the need to protect debtors from predatory garnishments and the need to secure assets to meet the debtors' obligations to the creditors. Therefore, in light of the holding in Kokoszka, we conclude that NRS 21.090(1)(g) only exempts "earnings" that are periodic in nature.
Applying this conclusion to the present matter, it is clear that a real estate commission does not fall within the purview of NRS 21.090(1)(g). A real estate commission is paid at the close of escrow in a single, lump sum, rather than periodically on a weekly or monthly basis. Accordingly, a real estate commission is not periodic compensation exempted under NRS 21.090(1)(g).
CONCLUSION
Based on the foregoing analysis, we conclude that NRS 21.090(1)(g) exempts only periodic payments of compensation. Therefore, NRS 21.090(1)(g) did not exempt the real estate commission owed to Hugo because it was payable in a lump sum, rather than on a periodic basis. Bertsch, therefore, had the right to treat the real estate commission as property of the bankruptcy estate.
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