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· 3/18/1998

Lawrence v. Jahn (In Re Lawrence)

Citations

  • 219 B.R. 786
  • 1998 U.S. Dist. LEXIS 4308
  • 1998 WL 154628

How courts have described this case

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

  • relying on Kokoszka v. Belford, 417 U.S. 642 , 94 S.Ct. 2431 , 41 L.Ed.2d 374 (1974
  • reading Kokoszka more narrowly; holding debtor’s earnings exempt under Missouri garnishment statute
  • noting the statute at issue was “fundamentally different from . . . other Tennessee exemption statutes” because it did “not contain similar broad language,” but “merely limit [ed] . . . the amount of disposable earnings that may be subjected to garnishment”
  • \... statutes in pari materia relating to a common subject matter ... should be construed together and harmonized.\
  • Tennessee garnishment statute does not provide debtors with a general exemption for non-garnishable disposable earnings in bankruptcy
  • The Chapter 7 Trustee “has the exclusive standing and capacity to sue and be sued on behalf of the bankruptcy estate under 11 U.S.C. § 323(b).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edgar

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.