Legal Opinion
In Re Earley
United States Bankruptcy Court, N.D. Illinois
Decided March 5, 2004No. 15-23759PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
A. BENJAMIN GOLDGAR, Bankruptcy Judge.
This matter presents a question that seems to be arising with increasing frequency. Triad Financial Corporation holds a judgment against debtor Robert Earley and has a lien on his wages under the Illinois Wage Deduction Act, 735 ILCS 5/12-801 et seq. (2002) (the “IWDA”). In his chapter 13 plan, however, Earley proposes to treat Triad’s claim as unsecured. The question: must a debtor’s chapter 13 plan treat as secured the claim of a judgment creditor holding a garnishment lien on the debtor’s wages under the IWDA? The answer: no.
2Cases cited41 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
36 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rodriguez v. Gelman (In re Local Service Corp.)United States Bankruptcy Court, D. Colorado · 2013
- Ealy v. Ford Motor Credit Co. (In Re Ealy)United States Bankruptcy Court, N.D. Illinois · 2006
- Moya v. Administracion Sistemas De Retiro De L. Empleados Del Gobierno Y La Judicatura (In re Vargas Moya)United States Bankruptcy Court, D. Puerto Rico · 2019
- Richardson v. Ford Motor Credit Co. (In Re Casias)United States Bankruptcy Court, C.D. Illinois · 2005
- David Vargas Moya and Sandra Ramirez Perez v. Administracion Sistemas de Retiro de Empleados del Gobierno y la Judicatura, et al.United States Bankruptcy Court, D. Puerto Rico · 2019