Legal Opinion

Daugherty v. Central Trust Co.

Ohio Supreme Court

Decided December 30, 1986No. 86-180PublishedCited by 77 opinions

1Per curiam

We are asked to resolve two important questions. The first is whether personal earnings which are exempted by R.C. 2329.66 from execution, garnishment, attachment or sale by judgment creditors retain their statutory exemption when deposited in a bank checking account. The second question is whether personal earnings exempt from judicial process pursuant to R.C. 2329.66(A) are also exempt from a bank’s right to set off those funds against a matured debt of a depositor.2

*443We first consider the question of whether personal earnings exempt from creditors’ reach pursuant to R.C. 2329.66(A) retain…

2Cases cited16 opinions

  1. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  2. Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
  3. Connin v. BaileyOhio Supreme Court · 1984
  4. George P. Baker, Trustees of the Property of Penn Central Transportation Company v. National City Bank of ClevelandCourt of Appeals for the Sixth Circuit · 1975
  5. Seeley v. Expert, Inc.Ohio Supreme Court · 1971

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3Cited by77 opinions

  1. Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. Lawrence v. Jahn (In Re Lawrence)District Court, E.D. Tennessee · 1998
  3. Monroe Retail, Inc. v. RBS Citizens, N.A.Court of Appeals for the Sixth Circuit · 2009
  4. Menninger v. Schramm (In Re Schramm)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  5. Baumgart v. Alam (In Re Alam)Bankruptcy Appellate Panel of the Sixth Circuit · 2006

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