Skip to main content
· 5/20/2004

Forker v. Irish (In Re Irish)

Citations

  • 311 B.R. 63
  • 2004 Bankr. LEXIS 651
  • 2004 WL 1117924

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that an Iowa law that exempted Workers’ Compensation from garnishment and attachment created an exemption from the property of the bankruptcy estate
  • noting that an opt-out state could adopt the CCPA as a state exemption based on garnishment protection statutes regardless of the Congressional purpose for the CCPA and Supreme Court’s decision in Kokoszka
  • noting that an opt-out state could adopt the CCPA as a state exemption based on garnishment protection statutes regardless of the Congressional purpose for the CCPA and the Supreme Court’s decision in Kokoszka
  • “Wages that are earned pre-petition but that have not yet been paid are property of the estate. 11 U.S.C. § 541(a)(1)....”
  • “a bankruptcy proceeding easily falls within the ambit of Iowa’s adopted definition of ‘garnishment,’ which is any ‘legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dreher, Mahoney, Venters

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.