15 U.S.C. § 1672
Definitions
Notes of Decisions
Cited in 145
cases (16 in the last 5 years), 1971–2025 · leading case: Kokoszka v. Belford, 417 U.S. 642 (1974).
Kokoszka v. Belford, 417 U.S. 642 (1974). “15 U. S. C. § 1672 (b). He further argues that the taking of custody by the trustee is a “garnishment” since a bankruptcy proceeding is a “legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.”
Pruss v. Butler (In Re Pruss), 235 B.R. 430 (8th Cir. BAP 1999). “On the second point, the Court adopted the reasoning of the Second Circuit, which had held that Sections 1672 and 1673 of the CCPA do not apply to protect all forms of compensation derived from personal services nor to all assets derived from such compensation: [5] The Court of…”
In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999). “Supreme Court opinion dealing with 15 USCA §§ 1672 and 1673. In Kokoszka v. Belford, 123 the Supreme Court faced the question of whether a Federal income tax refund, arising from withholding prior to the taxpayer/debtor’s bankruptcy case, was property of the bankruptcy estate or…”
W. J. Usery, Jr., Sec'y of Labor, United States Dep't of Labor v. First Nat'l Bank of Arizona, a Nat'l Banking Ass'n, 586 F.2d 107 (1st Cir. 1978). “” Act § 302(b), 15 U.S.C. § 1672 (b). Central to the Secretary’s interpretation of section 302(a) is the definition of “earnings” as used in that section: The term “earnings” means compensation paid or payable for personal services, whether denominated as wages, salary,…”
United States v. Lee, 659 F.3d 619 (7th Cir. 2011). “” 15 U.S.C. § 1672 (b). The CCPA, in turn, defines “earnings” as “compensation paid or payable for personal services, whether denominated as wages, salary, commissions, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.”
Burgess v. United States, 553 U.S. 124 (2008). “, 15 U. S. C. § 1672 (a)-(b) (defining “earnings” and then defining “disposable earnings” as “that part of the earnings” meeting certain criteria); 18 U.”
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999). “” 15 U.S.C.S. § 1672 (c) (Law.Co-op.1993). The debtor’s earnings are defined as “compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement plan.”
United States v. Joyce Ashcraft, 732 F.3d 860 (8th Cir. 2013). “15 U.S.C. § 1672 . (a) [T]he maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for…”
Forker v. Irish (In Re Irish), 311 B.R. 63 (8th Cir. BAP 2004). “Garnishment Protections as an Iowa Exemption Irish argues that under 15 U.S.C. § 1672 (c) — specifically incorporated into Iowa law by Iowa Code § 642.”
United States v. Sayyed, 862 F.3d 615 (7th Cir. 2017). “Lee’s holding, however, is much narrower: we only held that annual periodic payments from the defendant’s retirement accounts met the definition of “earnings” subject to the 25% garnishment cap, as the CCPA expressly defines “periodic payments pursuant to a pension or retirement…”
United States v. DeCay, 620 F.3d 534 (5th Cir. 2010). “The CCPA defines “earnings” as “compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.”
United States v. Gwendolyn Berry, 951 F.3d 632 (5th Cir. 2020). “§ 1673 , and the statutory definition of “earnings” includes “periodic payments pursuant to a pension or retirement program,” 15 U.S.C. § 1672 (a). The Berrys contend that, if the government were to liquidate Michael’s IRA funds, then the lump sum resulting from that liquidation…”
— 15 U.S.C. § 1672(a) — 3 cases
Dunlop v. First Nat'l Bank of Arizona, 399 F. Supp. 855 (D. Ariz. 1975).
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999). “” 15 U.S.C.S. § 1672 (c) (Law.Co-op.1993). The debtor’s earnings are defined as “compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement plan.”
Capital One Bank (usa) N.A. v. Sullivan, 2015 OK CIV APP 25 (Okla. Civ. App. 2015).
— 15 U.S.C. § 1672(b) — 1 case
In Re Cedor, 337 F. Supp. 1103 (N.D. Cal. 1972).
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