earnings of individual debtors.
(1) The following personal property of an individual debtor resident in this state is
exempt from execution, attachment, garnishment, distress or fee-bill: All
household furnishings, jewelry, personal clothing and ornaments not to exceed
three thousand dollars ($3,000) in value; tools, equipment and livestock,
including poultry, of a person engaged in farming, not exceeding three
thousand dollars ($3,000) in value; one (1) motor vehicle and its necessary
accessories, including one (1) spare tire, not exceeding in the aggregate two
thousand five hundred dollars ($2,500) in value; professionally prescribed
health aids for the debtor, or a dependent of the debtor; and funds deposited in
a health savings account as described in Section 223 of the Internal Revenue
Code of 1986.
(2) Except as provided in subsection (3) of this section and KRS 427.050, the
maximum part of the aggregate disposable earnings of an individual for any
workweek which is subjected to garnishment may not exceed the lesser of
either:
(a) Twenty-five percent (25%) of his disposable earnings for that week, or
(b) The amount by which his disposable earnings for that week exceed thirty
(30) times the federal minimum hourly wage prescribed by Section 6(a)(1)
of the Fair Labor Standards Act of 1938 in effect at the time the earnings
are payable. In the case of earnings for any pay period other than a week,
the multiple of the federal minimum hourly wage equivalent to that set
forth in paragraph (b) of this subsection as prescribed by regulation by the
federal secretary of labor shall apply.
(3) The restrictions of subsection (2) of this section do not apply in the case of:
(a) Any order of any court for the support of any person.
(b) Any order of any court of bankruptcy under Chapter 13 of the Bankruptcy
Code.
(c) Any debt due for any state or federal tax.
(4) Notwithstanding any other provision of law, no property upon which a debtor
has voluntarily granted a lien shall, to the extent of the balance due on the debt
secured thereby, be subject to the provisions of this chapter or be exempt from
forced sale under process of law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 121, sec. 1, effective June 29, 2017. --
Amended 1982 Ky. Acts ch. 336, sec. 1, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 236, sec. 1, effective April 9, 1980. -- Amended 1970 Ky. Acts
ch. 217, sec. 2. -- Amended 1966 Ky. Acts ch. 157, sec. 1. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1697.
Notes of Decisions
Shafizadeh v. Shafizadeh (2012)
kyctapp · cites it 18×
“A separate statute, KRS 427.010, identifies several assets exempt from garnishment.”
In Re Lawson (1984)
kyeb · cites it 11×
“This bill, which was signed into law by the Governor on April 2, 1982, and which became effective July 15, 1982, added a new paragraph (4) to KRS 427.010 as follows: AN ACT relating to bankruptcy.”
Brown v. Commonwealth (1999)
kyctapp · cites it 13×
“Brown asserted (it has since been stipulated) that the accounts contained no funds except wages paid to Brown or his wife, and thus that they were protected by two (2) statutory exemptions: one protecting his wages pursuant to KRS 427.010, and one protecting his wife’s wages…”
In Re Bennett (1984)
kywb · cites it 5×
“” This debtor’s petition was filed in June, 1983, almost a year after KRS 427.010 was amended to deny exemptions in property subject to a consensual lien.”
In Re Roehrig (1983)
kywb · cites it 9×
“§ 522 (b) and applicable state exemption law, KRS 427.010(4). The debtor herein filed a motion on September 26, 1983, to alter or amend the September 16, 1983 ruling or, alternatively, to be granted a new trial to determine whether the creditor’s nonpossessory, non-purchase…”
Wade v. Poma Glass & Specialty Windows, Inc. (2012)
ky
“Contrast this use of execution with that of KRS 427.010, which provides that certain “personal property of an individual debtor resident in this state is exempt from execution, attachment, garnishment, distress[,J or fee-bill.”
In Re Lyvers (1995)
kywb
“She also stated that she did not know the meaning of KRS 427.010, an exemption statute.- (Transcript at p.”
In Re Fagan (1982)
kywb
“Pursuant to that petition, the debt- or failed to claim as exempt the wage garnishment in issue, but filed an amendment dated December 28, 1981, which added the exemption as qualified under KRS 427.010. A motion for turnover of the garnished funds was filed by the debtor on…”
Holt v. Brown (1971)
kywd
“On January 6, 1971, the plaintiffs filed an affidavit claiming their statutory exemption under KRS 427.010. On January 11, 1971, the plaintiffs filed their complaint in the instant case asking for declaratory and injunctive relief against enforcement of the statutes in question.”
In Re Coomes (1982)
kywb
“2, the debtors claimed exempt property which is the subject matter of this litigation pursuant to KRS 427.010. There was no objection to the exemption and thus it was deemed allowed.”
— Ky. Rev. Stat. § 427.010(1) — 3 cases
— Ky. Rev. Stat. § 427.010(2) — 4 cases
Shafizadeh v. Shafizadeh (2012)
kyctapp
“A separate statute, KRS 427.010, identifies several assets exempt from garnishment.”
Brown v. Commonwealth (1999)
kyctapp
“Brown asserted (it has since been stipulated) that the accounts contained no funds except wages paid to Brown or his wife, and thus that they were protected by two (2) statutory exemptions: one protecting his wages pursuant to KRS 427.010, and one protecting his wife’s wages…”
— Ky. Rev. Stat. § 427.010(2)(a) — 2 cases
Shafizadeh v. Shafizadeh (2012)
kyctapp
“A separate statute, KRS 427.010, identifies several assets exempt from garnishment.”
— Ky. Rev. Stat. § 427.010(3) — 1 case
— Ky. Rev. Stat. § 427.010(4) — 4 cases
In Re Roehrig (1983)
kywb
“§ 522 (b) and applicable state exemption law, KRS 427.010(4). The debtor herein filed a motion on September 26, 1983, to alter or amend the September 16, 1983 ruling or, alternatively, to be granted a new trial to determine whether the creditor’s nonpossessory, non-purchase…”
In Re Lawson (1984)
kyeb
“This bill, which was signed into law by the Governor on April 2, 1982, and which became effective July 15, 1982, added a new paragraph (4) to KRS 427.010 as follows: AN ACT relating to bankruptcy.”
Annotations are extracted automatically from the opinions in the
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