Pruss v. Butler (In Re Pruss)
United States Bankruptcy Appellate Panel for the Eighth Circuit
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
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Moskal v. United StatesSupreme Court of the United States · 1990
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991
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