Legal Opinion · Dissent

Pruss v. Butler (In Re Pruss)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 8, 1999No. BAP 98-6070NEPublished

1DissentDreher, J.

I respectfully disagree. I, too, believe the language of § 25-1558 is clear; read in pari materia, this statute does not and was not intended to cover business income or profits in the form of accounts receivable generated by a professional. Rather, it was designed to protect from garnishment, and thereby indirectly provide an exemption for, the earnings of wage-earners engaged in traditional employer-employee relationships who are paid on a periodic regular basis. At a minimum, § 25-1558 is ambiguous and must be read in light of its abundant legislative history. The legislative history,…

2Cases cited56 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Moskal v. United StatesSupreme Court of the United States · 1990
  4. Kokoszka v. BelfordSupreme Court of the United States · 1974
  5. Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991

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