Order. A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which the court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes. B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor’s family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may: 1. Order all or a portion of the personal earnings exempt; or 2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment. Added by Laws 1965, c. 301, § 1. Amended by Laws 1983, c. 50, § 6, emerg. eff. April 26, 1983; Laws 1990, c. 248, § 9, emerg. eff. May 21, 1990; Laws 1993, c. 325, § 20, emerg. eff. June 7, 1993; Laws 1995, c. 338, § 19, eff. Nov. 1, 1995; Laws 2004, c. 450, § 7, eff. Nov. 1, 2004.
Notes of Decisions
Cited in
11
cases, 1985–2020 · leading case:
Manchester v. Annis, 232 F.3d 749 (10th Cir. 2000).
Manchester v. Annis, 232 F.3d 749 (10th Cir. 2000).
· cites it 9× “Debtor Darlene Olinda Annis (Debtor) filed a Chapter 7 case and sought to have her (and her deceased husband’s) federal and state income tax refunds exempted from her bankruptcy estate pursuant to Okla. Stat. tit. 31, § 1.1 . The bankruptcy court held that the refunds were…”
In Re Barnett, 214 B.R. 632 (Bankr. W.D. Okla. 1997).
· cites it 4× “Okla. Stat. tit. 31, § 1.1 (A). Where the court finds the existence of undue hardship, “the court may .”
Baker v. Baker, 710 P.2d 129 (Okla. Civ. App. 1985).
· cites it 2× “Defendant responded to the garnishment with a claim for exemption and request for hearing, claiming the account was exempt because the funds were “Alimony, support, separate maintenance, or child support necessary for support of defendant or dependent — 31 O.S. § 1.1.” Defendant…”
In Re Linn, 52 B.R. 63 (Bankr. W.D. Okla. 1985).
· cites it 2× “The sole issue is whether or not such a refund constitutes “earnings from personal services” within the meaning of Okla.Stat. tit. 31, § 1.1 (Supp.1984). Section 1.”
Lepak v. McClain, 844 P.2d 852 (Okla. 1992).
“Under 31 O.S.1991, § 1.1, a judgment *866 debtor may apply to have all his wages and earnings declared exempt upon showing the court that the wages and earnings are necessary for the maintenance of a family supported wholly or partially by the labor of the judgment debtor.”
Dickerson v. Manchester (In Re Dickerson), 227 B.R. 742 (10th Cir. BAP 1998).
· cites it 2× “Are funds that a debtor receives from the United States as a result of qualifying for an earned income credit “earnings from personal service” as used in Okla. Stat. tit. 31, § 1.1 .A, and thus property that is exempt from administration in this bankruptcy estate? We conclude…”
In Re Miles, 153 B.R. 72 (Bankr. N.D. Okla 1993).
“Title 31 O.S.1991 § 1.1 allows a hardship exemption for a portion of the debtor’s earnings necessary to support his family.”
Manchester v. Annis (In Re Annis), 229 B.R. 802 (10th Cir. BAP 1999).
· cites it 2× “This panel has before it for review the order of the United States Bankruptcy Court for the Western District of Oklahoma determining that certain tax refunds due the debt- or could be claimed as exempt earnings pursuant to Okla. Stat. tit. 31, § 1.1 . For the reasons set forth…”
In re Gee, 124 B.R. 581 (Bankr. N.D. Okla 1991).
“31 O.S. § 1.1 further provides for exemption “by reason of undue hardship [of] that portion of .”
Muskogee Reg'l Med. Auth. v. Perkins, 888 P.2d 1033 (Okla. Civ. App. 1994).
“Perkins argued that total wage exemption was justified in accordance with 31 O.S.Supp.1993 § 1.1 (§ 1.1), or in the alternative that $193.”
— Okla. Stat. tit. 31, § 1.1(A) — 1 case
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