Legal Opinion

In Re Thum

United States Bankruptcy Court, C.D. Illinois

Decided June 28, 2005No. 04-85130PublishedCited by 16 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Bankruptcy Judge.

The Illinois Legislature has not chosen to include a general exemption for wages in the Illinois Personal Property Exemption law. It has, however, in two separate statutes, set a ceiling on the amount of a debtor’s wages that may be garnished under a wage deduction order and a wage assignment. The question raised in this case is whether those two statutes should be construed as creating an exemption in the nongarnishable wages that should be allowed to a debtor in bankruptcy pursuant to 11 U.S.C. § 522(b)(2).

Edward R. Thum (DEBTOR) is employed by…

2Cases cited18 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Kokoszka v. BelfordSupreme Court of the United States · 1974
  3. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  4. White v. StumpSupreme Court of the United States · 1924
  5. In Re Marriage of LogstonIllinois Supreme Court · 1984

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In re Elena HernandezIllinois Supreme Court · 2021
  2. In Re MayerUnited States Bankruptcy Court, N.D. Illinois · 2008
  3. Richardson v. KoenemanDistrict Court, C.D. Illinois · 2009
  4. In Re RadzilowskyUnited States Bankruptcy Court, N.D. Illinois · 2011
  5. In re BellUnited States Bankruptcy Court, N.D. Indiana · 2015

11 more not listed; retrieve them via the Exa API.

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