House File 2739 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 503)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to exemptions for certain personal property from
  2    execution by creditors in state court debt collection and
  3    federal bankruptcy actions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5205HV 81
  6 rh/je/5

PAG LIN



  1  1    Section 1.  Section 627.6, subsections 1, 5, 9, and 13,
  1  2 Code 2005, are amended to read as follows:
  1  3    1.  All wearing apparel of the debtor and the debtor's
  1  4 dependents kept for actual use and the trunks or other
  1  5 receptacles necessary for the wearing apparel, not to exceed
  1  6 in value one thousand dollars in the aggregate.  In addition,
  1  7 the The debtor's interest in:
  1  8    a.  any Any wedding or engagement ring owned and or
  1  9 received by the debtor or the debtor's dependents on or before
  1 10 the date of marriage.  However, any interest acquired in one
  1 11 or more wedding or engagement rings owned or received by the
  1 12 debtor or the debtor's dependents after the date of marriage
  1 13 and within two years of the date the execution is issued or an
  1 14 exemption is claimed shall not exceed a value equal to seven
  1 15 thousand dollars in the aggregate minus the amount claimed by
  1 16 the debtor for any other jewelry claimed in paragraph "b".
  1 17    b.  All jewelry of the debtor and the debtor's dependents
  1 18 owned or received by the debtor or the debtor's dependents,
  1 19 not to exceed in value two thousand dollars in the aggregate.
  1 20    5.  The debtor's interest in all wearing apparel of the
  1 21 debtor and the debtor's dependents kept for actual use and the
  1 22 trunks or other receptacles necessary for the wearing apparel,
  1 23 musical instruments, household furnishings, and household
  1 24 goods, and which include but are not limited to appliances,
  1 25 radios, television sets, record or tape playing machines,
  1 26 compact disc players, satellite dishes, cable television
  1 27 equipment, computers, software, printers, digital video disc
  1 28 players, video players, and cameras held primarily for the
  1 29 personal, family, or household use of the debtor or a
  1 30 dependent of the debtor and the debtor's dependents, not to
  1 31 exceed in value two seven thousand dollars in the aggregate.
  1 32    9.  Any combination of the following, not to exceed a value
  1 33 of five thousand dollars in the aggregate The debtor's
  1 34 interest in the following:
  1 35    a.  Musical instruments, not including radios, television
  2  1 sets, or record or tape playing machines, held primarily for
  2  2 the personal, family, or household use of the debtor or a
  2  3 dependent of the debtor.
  2  4    b.  One motor vehicle, not to exceed in value seven
  2  5 thousand dollars in the aggregate.
  2  6    c.  b.  In the event of a bankruptcy proceeding, the
  2  7 debtor's interest in accrued wages and in state and federal
  2  8 tax refunds as of the date of filing of the petition in
  2  9 bankruptcy, not to exceed one thousand dollars in the
  2 10 aggregate.  This exemption is in addition to the limitations
  2 11 contained in sections 642.21 and 537.5105.
  2 12    13.  The debtor's interest, not to exceed one hundred
  2 13 thousand dollars in the aggregate, in any cash on hand, bank
  2 14 deposits, credit union share drafts, or other deposits,
  2 15 wherever situated, or other personal property not otherwise
  2 16 specifically provided for in this chapter.
  2 17    Sec. 2.  Section 627.6, Code 2005, is amended by adding the
  2 18 following new subsection:
  2 19    NEW SUBSECTION.  15.  The debtor's interest in the
  2 20 following payments reasonably necessary for the support of the
  2 21 debtor or the debtor's dependents:
  2 22    a.  Payments to or for the benefit of the debtor or the
  2 23 debtor's dependents, including structured settlements,
  2 24 resulting from the wrongful death of a decedent upon which the
  2 25 debtor or the debtor's dependents were dependent.
  2 26    b.  Payments to or for the benefit of the debtor or the
  2 27 debtor's dependents, including structured settlements,
  2 28 resulting from bodily injuries to the debtor or the debtor's
  2 29 dependents.  Such payments shall include past and future
  2 30 medical expenses, past and future earnings, and past and
  2 31 future loss of bodily functions.  Such payments shall not
  2 32 include payments for pain and suffering, emotional distress,
  2 33 and punitive damages or damages resulting from emotional
  2 34 distress, sexual harassment, or employment discrimination.
  2 35                           EXPLANATION
  3  1    This bill relates to exemptions for certain personal
  3  2 property from execution by creditors in state court debt
  3  3 collection and federal bankruptcy actions.
  3  4    The bill provides that any exempt wedding or engagement
  3  5 rings owned or received by a debtor or a debtor's dependents
  3  6 after marriage but within two years of the date execution is
  3  7 issued or an exemption is claimed shall not exceed a value of
  3  8 $7,000 in the aggregate minus up to $2,000 for any other
  3  9 jewelry claimed by the debtor or the debtor's dependents.  The
  3 10 current unlimited exemption for any wedding or engagement ring
  3 11 owned or received by a debtor and a debtor's dependents prior
  3 12 to or on the date of marriage remains intact.
  3 13    The bill specifies that the debtor and the debtor's
  3 14 dependents' interest in wearing apparel and household goods,
  3 15 including but not limited to radios, television sets, record
  3 16 or tape playing machines, compact disc players, satellite
  3 17 dishes, cable television equipment, computers, software,
  3 18 printers, digital video disc players, video players, and
  3 19 cameras held primarily for personal, family, and household use
  3 20 of the debtor and the debtor's dependents shall not exceed
  3 21 $7,000 in the aggregate.  Current law separately limits the
  3 22 wearing apparel exemption to $1,000 and household goods
  3 23 exemption to $2,000.
  3 24    The bill allows a debtor to claim an exemption on a motor
  3 25 vehicle not to exceed a value of $7,000 in the aggregate.
  3 26 Current law places no limitation on such an exemption.
  3 27    The bill increases the amount of the debtor's interest in
  3 28 any cash on hand, bank deposits, credit union share drafts, or
  3 29 other deposits or other personal property from $100 to $1,000.
  3 30    The bill creates a new exemption relating to a debtor's
  3 31 interest in support payments to include payments to or for the
  3 32 benefit of the debtor or the debtor's dependents, including
  3 33 structured settlements, resulting from the wrongful death of a
  3 34 decedent upon which the debtor or the debtor's dependents were
  3 35 dependent, and payments to or for the benefit of the debtor or
  4  1 the debtor's dependents, including structured settlements,
  4  2 resulting from bodily injuries to the debtor or the debtor's
  4  3 dependents, including past and future medical expenses, past
  4  4 and future earnings, and past and future loss of bodily
  4  5 functions.  Such payments shall not include payments for pain
  4  6 and suffering, emotional distress, and punitive damages or
  4  7 damages resulting from emotional distress, sexual harassment,
  4  8 or employment discrimination.
  4  9 LSB 5205HV 81
  4 10 rh:rj/je/5.1