2023 Kentucky Statutes 427.010 – Exempt personal property, health savings funds, and disposable earnings of individual debtors
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(1) The following personal property of an individual debtor resident in this state is exempt from execution, attachment, garnishment, distress or fee-bill: All household furnishings, jewelry, personal clothing and ornaments not to exceed three thousand dollars ($3,000) in value; tools, equipment and livestock, including poultry, of a person engaged in farming, not exceeding three thousand dollars ($3,000) in value; one (1) motor vehicle and its necessary accessories, including one (1) spare tire, not exceeding in the aggregate two thousand five hundred dollars ($2,500) in value; professionally prescribed health aids for the debtor, or a dependent of the debtor; and funds deposited in a health savings account as described in Section 223 of the Internal Revenue Code of 1986.
(2) Except as provided in subsection (3) of this section and KRS § 427.050, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of either:
(a) Twenty-five percent (25) of his disposable earnings for that week, or
(b) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable. In the case of earnings for any pay period other than a week, the multiple of the federal minimum hourly wage equivalent to that set forth in paragraph (b) of this subsection as prescribed by regulation by the federal secretary of labor shall apply.
(3) The restrictions of subsection (2) of this section do not apply in the case of: (a) Any order of any court for the support of any person.
(b) Any order of any court of bankruptcy under Chapter 13 of the Bankruptcy
Code.
(c) Any debt due for any state or federal tax.
(4) Notwithstanding any other provision of law, no property upon which a debtor has voluntarily granted a lien shall, to the extent of the balance due on the debt secured thereby, be subject to the provisions of this chapter or be exempt from forced sale under process of law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 121, sec. 1, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 336, sec. 1, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 236, sec. 1, effective April 9, 1980. — Amended 1970 Ky. Acts ch. 217, sec. 2. — Amended 1966 Ky. Acts ch. 157, sec. 1. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1697.
(2) Except as provided in subsection (3) of this section and KRS § 427.050, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of either:
(a) Twenty-five percent (25) of his disposable earnings for that week, or
(b) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable. In the case of earnings for any pay period other than a week, the multiple of the federal minimum hourly wage equivalent to that set forth in paragraph (b) of this subsection as prescribed by regulation by the federal secretary of labor shall apply.
(3) The restrictions of subsection (2) of this section do not apply in the case of: (a) Any order of any court for the support of any person.
(b) Any order of any court of bankruptcy under Chapter 13 of the Bankruptcy
Code.
(c) Any debt due for any state or federal tax.
(4) Notwithstanding any other provision of law, no property upon which a debtor has voluntarily granted a lien shall, to the extent of the balance due on the debt secured thereby, be subject to the provisions of this chapter or be exempt from forced sale under process of law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 121, sec. 1, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 336, sec. 1, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 236, sec. 1, effective April 9, 1980. — Amended 1970 Ky. Acts ch. 217, sec. 2. — Amended 1966 Ky. Acts ch. 157, sec. 1. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1697.