[WSBAPT] Intersection of WA Exemptions, BK and Garnishment

[Dave Culbertson]

Hi, Listmates.
I'm a little behind the times on this question. When they were making changes to the WA exemptions around 2020, I was away from the law and wasn't paying much attention. This was probably discussed and commented on at the time, but it was off my radar.
I'm prepping a BK petition for a client, he has about 3,000 in the bank account. I'd like to apply the WA wild-card exemption in 6.15.010(d)(ii)<https://app.leg.wa.gov/RCW/default.aspx?cite=6.15.010> to it, which is now up to 10,000 for "any personal property".
BUT-the statute makes an exception for "except personal earnings as provided under RCW 6.15.050<http://app.leg.wa.gov/RCW/default.aspx?cite=6.15.050>(1)", which in turn says "Wages, salary, compensation can only be exempted in BK to the same extent as under the garnishment statutes".  The garnishment statute allows a debtor to exempt 50/75/80% of their earnings per week, depending on the category of debt.
So-does this mean my client similarly can only exempt 50/75/80%  of the money in his bank account in the BK, given that it all comes from wages originally? That seems incongruous with the overall structure of BK and garnishment-it doesn't seem like they should intersect in this way. Since the BK is eliminating the debt, it would also eliminate the right to garnish, so why create this connection and limitation? But the language is there, and the meaning is unclear to me.
Just wanting to make sure I don't hear a bear trap snap shut on my clients' ankle...


Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>


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