In re Stewart, 32 B.R. 132 (Bankr.D.Utah)In re Fairbourne
PUBLISHED
Trustees in two chapter 7 cases objected to debtors' exemption claims in prepetition wages. The court held that the Utah Exemptions Act, Utah Code Ann. §78-23-1 through 78-23-15, prohibits the use of 11 U.S.C. § 522(d) exemptions by Utah debtors. However, § 78-23-15 does not prohibit Utah debtors' use of exemptions that are provided by Utah laws outside of the Exemptions Act, of which there are many. Moreover, pursuant to 11 U.S.C. § 522(b)(2)(A), Utah debtors may also claim federal exemptions that are provided by federal statutes other than § 522(d). Together, Utah Code Ann. § 70B-5-105 and Utah R. Civ. P. 64D exempt Utah debtors' wages in bankruptcy, even though they are technically garnishment laws and do not specifically state that they are applicable in bankruptcy. Non-bankruptcy exemptions need not specify that they apply in bankruptcy cases in order to do so.