· 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 CourtListenerSourced 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.