Legal Opinion
In re Johnson
United States Bankruptcy Court, D. New Mexico
Decided October 17, 2018No. 17-13247-j7PublishedCited by 3 opinions
1Opinion of the Court
ROBERT H. JACOBVITZ, United States Bankruptcy Judge
Debtors claimed an exemption under New Mexico's wage garnishment statute, N.M.S.A. 1978 § 35-12-7, in certain funds deposited pre-petition into their checking account at Wells Fargo Bank. The Chapter 7 Trustee and Xerox Corporation objected, asserting that the New Mexico garnishment statute is inapplicable for use by a debtor in bankruptcy to claim an exemption in otherwise non-exempt assets.1 After considering the New Mexico statutes, the related New Mexico rules, and relevant case law, the Court concludes that the Debtors cannot rely on the…
2Cases cited21 opinions
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- State v. RiveraNew Mexico Supreme Court · 2003
- Federal Deposit Insurance Corporation v. CanfieldCourt of Appeals for the Tenth Circuit · 1992
- State v. Jonathan M.New Mexico Supreme Court · 1990
- Whitely v. New Mexico State Personnel BoardNew Mexico Supreme Court · 1993
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3Cited by3 opinions
- Kelli Denise Allen and Paul Eugene AllenUnited States Bankruptcy Court, D. New Mexico · 2020
- Scott Ryan Longnecker and Heather Renee LongneckerUnited States Bankruptcy Court, D. Nebraska · 2019
- Timothy W. HessUnited States Bankruptcy Court, D. New Mexico · 2020