Bankr. No.:
03-41477
Chapter:
7
Date of Decision:
December 30, 2003
Issue:
Whether certain funds that were garnished from Debtor’s wages pre-petition should be returned to him as part of his exemptions under S.D.C.L. § 15-20-12?
Ruling:
The garnished funds are part of the bankruptcy estate and they cannot be exempted by Debtor due to the specific limitation on the exemption of earnings set forth in S.D.C.L. § 21-18-53. The Court did not reach the issue of whether § 15-20-12 is an exemption statute that can be utilized by a debtor in bankruptcy.
Full Bankruptcy Court Decision:
