Sunshine Resources, Inc. v. Simpson

I disagree with the court’s conclusions as to the ultimate exemption of certain settlement proceeds.

This was a trial on proceedings supplementary. The majority tacitly acknowledges that the debtor’s assertion that these proceeds were exempt from levy and execution under section 222.11 is an affirmative defense requiring separate pleading and proof by the debtor. I fully concur with that tacit acknowledgment. A debtor’s contention that property is exempt from an attempted levy of execution is legally an avoidance of the creditor’s right to have execution on property of the debtor. Usually the…