[CLBS] 11-605 interaction with 11-207. 2nd question in the same day; I feel like I'm in 2004

[Paul Ross]

Why not stack?  Exempt 75% of the $10,000 and then another $1,500 under the
other statute?

On Thu, Feb 26, 2015 at 3:38 PM, Patrick J. Geile <pgeile at foleyfreeman.com>
wrote:

> Does 11-605(12) expand or restrict 11-207 restriction on earnings.  It
> seems paid or payable earnings are subject to the garnishment restriction
> of 25%. But if I have a client owed 10K in earnings, he would want to
> exempt 75% af that as opposed to the 1500 as set forth in 11 605.
>
> 11-605 states:
>
> *         (12)  An individual is entitled to an exemption for his
> disposable earnings as defined in subsection 2. of section 11-206, Idaho
> Code, wages, salaries, and compensation for personal services rendered, to
> the extent such earnings, wages, salaries, and compensation have been
> earned but have not been paid to the individual, not to exceed one thousand
> five hundred dollars ($1,500) in a calendar year. This exemption shall not
> affect the application or operation of the garnishment restrictions set
> forth in section 11-207, Idaho Code.
>
>
> Also see in re Atkinson 258 BR 769 where the debtor was able to exempt 75%
> of AR income because it was attributable to  earnings.
>
> Did 11-605 limit exempting earnings, even though earnings are defined as
> paid or payable under 11-206?
>
>
> Patrick J. Geile
> Foley Freeman PLLC
> 953 S. Industry Way, Meridian, Idaho 83642
> P.O. Box 10
> Meridian, Idaho 83642
> Direct line: (208) 947-1563
> Phone:  (208) 888-9111
> Fax:  (208) 888-5130
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>



-- 
Idaho Bankruptcy Law
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.