093_HB2088ham002
LRB093 02522 LCB 13619 a
1 AMENDMENT TO HOUSE BILL 2088
2 AMENDMENT NO. . Amend House Bill 2088 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Code of Civil Procedure is amended by
5 changing Sections 2-1402, 12-901, 12-904, 12-906, 12-909,
6 12-910, 12-911, 12-912, and 12-1001 as follows:
7 (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
8 Sec. 2-1402. Supplementary proceedings.
9 (a) A judgment creditor, or his or her successor in
10 interest when that interest is made to appear of record, is
11 entitled to prosecute supplementary proceedings for the
12 purposes of examining the judgment debtor or any other person
13 to discover assets or income of the debtor not exempt from
14 the enforcement of the judgment, a deduction order or
15 garnishment, and of compelling the application of non-exempt
16 assets or income discovered toward the payment of the amount
17 due under the judgment. A supplementary proceeding shall be
18 commenced by the service of a citation issued by the clerk.
19 The procedure for conducting supplementary proceedings shall
20 be prescribed by rules. It is not a prerequisite to the
21 commencement of a supplementary proceeding that a certified
22 copy of the judgment has been returned wholly or partly
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1 unsatisfied. All citations issued by the clerk shall have the
2 following language, or language substantially similar
3 thereto, stated prominently on the front, in capital letters:
4 "YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE
5 YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO
6 A CHARGE OF CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY
7 IMPRISONMENT IN THE COUNTY JAIL." The court shall not grant a
8 continuance of the supplementary proceeding except upon good
9 cause shown.
10 (b) Any citation served upon a judgment debtor or any
11 other person shall include a certification by the attorney
12 for the judgment creditor or the judgment creditor setting
13 forth the amount of the judgment, the date of the judgment,
14 or its revival date, the balance due thereon, the name of the
15 court, and the number of the case, and a copy of the citation
16 notice required by this subsection. Whenever a citation is
17 served upon a person or party other than the judgment debtor,
18 the officer or person serving the citation shall send to the
19 judgment debtor, within three business days of the service
20 upon the cited party, a copy of the citation and the citation
21 notice, which may be sent by regular first-class mail to the
22 judgment debtor's last known address. In no event shall a
23 citation hearing be held sooner than five business days after
24 the mailing of the citation and citation notice to the
25 judgment debtor, except by agreement of the parties. The
26 citation notice need not be mailed to a corporation,
27 partnership, or association. The citation notice shall be in
28 substantially the following form:
29 "CITATION NOTICE
30 (Name and address of Court)
31 Name of Case: (Name of Judgment Creditor),
32 Judgment Creditor v.
33 (Name of Judgment Debtor),
34 Judgment Debtor.
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1 Address of Judgment Debtor: (Insert last known
2 address)
3 Name and address of Attorney for Judgment
4 Creditor or of Judgment Creditor (If no
5 attorney is listed): (Insert name and address)
6 Amount of Judgment: $ (Insert amount)
7 Name of Person Receiving Citation: (Insert name)
8 Court Date and Time: (Insert return date and time
9 specified in citation)
10 NOTICE: The court has issued a citation against the
11 person named above. The citation directs that person to
12 appear in court to be examined for the purpose of allowing
13 the judgment creditor to discover income and assets belonging
14 to the judgment debtor or in which the judgment debtor has an
15 interest. The citation was issued on the basis of a judgment
16 against the judgment debtor in favor of the judgment creditor
17 in the amount stated above. On or after the court date
18 stated above, the court may compel the application of any
19 discovered income or assets toward payment on the judgment.
20 The amount of income or assets that may be applied toward
21 the judgment is limited by federal and Illinois law. The
22 JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
23 AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
24 MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
25 ABOVE:
26 (1) Under Illinois or federal law, the exemptions
27 of personal property owned by the debtor include the
28 debtor's equity interest, not to exceed $4,000 $2,000 in
29 value, in any personal property as chosen by the debtor;
30 Social Security and SSI benefits; public assistance
31 benefits; unemployment compensation benefits; worker's
32 compensation benefits; veteran's benefits; circuit
33 breaker property tax relief benefits; the debtor's equity
34 interest, not to exceed $2,400 $1,200 in value, in any
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1 one motor vehicle, and the debtor's equity interest, not
2 to exceed $1,500 $750 in value, in any implements,
3 professional books, or tools of the trade of the debtor.
4 (2) Under Illinois law, every person is entitled to
5 an estate in homestead, when it is owned and occupied as
6 a residence, to the extent in value of $15,000 $7,500,
7 which homestead is exempt from judgment.
8 (3) Under Illinois law, the amount of wages that
9 may be applied toward a judgment is limited to the lesser
10 of (i) 15% of gross weekly wages or (ii) the amount by
11 which disposable earnings for a week exceed the total of
12 45 times the federal minimum hourly wage.
13 (4) Under federal law, the amount of wages that may
14 be applied toward a judgment is limited to the lesser of
15 (i) 25% of disposable earnings for a week or (ii) the
16 amount by which disposable earnings for a week exceed 30
17 times the federal minimum hourly wage.
18 (5) Pension and retirement benefits and refunds may
19 be claimed as exempt under Illinois law.
20 The judgment debtor may have other possible exemptions
21 under the law.
22 THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
23 TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
24 judgment debtor also has the right to seek a declaration at
25 an earlier date, by notifying the clerk in writing at (insert
26 address of clerk). When so notified, the Clerk of the Court
27 will obtain a prompt hearing date from the court and will
28 provide the necessary forms that must be prepared by the
29 judgment debtor or the attorney for the judgment debtor and
30 sent to the judgment creditor and the judgment creditor's
31 attorney regarding the time and location of the hearing.
32 This notice may be sent by regular first class mail."
33 (c) When assets or income of the judgment debtor not
34 exempt from the satisfaction of a judgment, a deduction order
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1 or garnishment are discovered, the court may, by appropriate
2 order or judgment:
3 (1) Compel the judgment debtor to deliver up, to be
4 applied in satisfaction of the judgment, in whole or in
5 part, money, choses in action, property or effects in his
6 or her possession or control, so discovered, capable of
7 delivery and to which his or her title or right of
8 possession is not substantially disputed.
9 (2) Compel the judgment debtor to pay to the
10 judgment creditor or apply on the judgment, in
11 installments, a portion of his or her income, however or
12 whenever earned or acquired, as the court may deem
13 proper, having due regard for the reasonable requirements
14 of the judgment debtor and his or her family, if
15 dependent upon him or her, as well as any payments
16 required to be made by prior order of court or under wage
17 assignments outstanding; provided that the judgment
18 debtor shall not be compelled to pay income which would
19 be considered exempt as wages under the Wage Deduction
20 Statute. The court may modify an order for installment
21 payments, from time to time, upon application of either
22 party upon notice to the other.
23 (3) Compel any person cited, other than the
24 judgment debtor, to deliver up any assets so discovered,
25 to be applied in satisfaction of the judgment, in whole
26 or in part, when those assets are held under such
27 circumstances that in an action by the judgment debtor he
28 or she could recover them in specie or obtain a judgment
29 for the proceeds or value thereof as for conversion or
30 embezzlement.
31 (4) Enter any order upon or judgment against the
32 person cited that could be entered in any garnishment
33 proceeding.
34 (5) Compel any person cited to execute an
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1 assignment of any chose in action or a conveyance of
2 title to real or personal property, in the same manner
3 and to the same extent as a court could do in any
4 proceeding by a judgment creditor to enforce payment of a
5 judgment or in aid of the enforcement of a judgment.
6 (6) Authorize the judgment creditor to maintain an
7 action against any person or corporation that, it appears
8 upon proof satisfactory to the court, is indebted to the
9 judgment debtor, for the recovery of the debt, forbid the
10 transfer or other disposition of the debt until an action
11 can be commenced and prosecuted to judgment, direct that
12 the papers or proof in the possession or control of the
13 debtor and necessary in the prosecution of the action be
14 delivered to the creditor or impounded in court, and
15 provide for the disposition of any moneys in excess of
16 the sum required to pay the judgment creditor's judgment
17 and costs allowed by the court.
18 (d) No order or judgment shall be entered under
19 subsection (c) in favor of the judgment creditor unless there
20 appears of record a certification of mailing showing that a
21 copy of the citation and a copy of the citation notice was
22 mailed to the judgment debtor as required by subsection (b).
23 (e) All property ordered to be delivered up shall,
24 except as otherwise provided in this Section, be delivered to
25 the sheriff to be collected by the sheriff or sold at public
26 sale and the proceeds thereof applied towards the payment of
27 costs and the satisfaction of the judgment.
28 (f) (1) The citation may prohibit the party to whom it
29 is directed from making or allowing any transfer or other
30 disposition of, or interfering with, any property not
31 exempt from the enforcement of a judgment therefrom, a
32 deduction order or garnishment, belonging to the judgment
33 debtor or to which he or she may be entitled or which may
34 thereafter be acquired by or become due to him or her,
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1 and from paying over or otherwise disposing of any moneys
2 not so exempt which are due or to become due to the
3 judgment debtor, until the further order of the court or
4 the termination of the proceeding, whichever occurs
5 first. The third party may not be obliged to withhold
6 the payment of any moneys beyond double the amount of the
7 balance due sought to be enforced by the judgment
8 creditor. The court may punish any party who violates
9 the restraining provision of a citation as and for a
10 contempt, or if the party is a third party may enter
11 judgment against him or her in the amount of the unpaid
12 portion of the judgment and costs allowable under this
13 Section, or in the amount of the value of the property
14 transferred, whichever is lesser.
15 (2) The court may enjoin any person, whether or not
16 a party to the supplementary proceeding, from making or
17 allowing any transfer or other disposition of, or
18 interference with, the property of the judgment debtor
19 not exempt from the enforcement of a judgment, a
20 deduction order or garnishment, or the property or debt
21 not so exempt concerning which any person is required to
22 attend and be examined until further direction in the
23 premises. The injunction order shall remain in effect
24 until vacated by the court or until the proceeding is
25 terminated, whichever first occurs.
26 (g) If it appears that any property, chose in action,
27 credit or effect discovered, or any interest therein, is
28 claimed by any person, the court shall, as in garnishment
29 proceedings, permit or require the claimant to appear and
30 maintain his or her right. The rights of the person cited
31 and the rights of any adverse claimant shall be asserted and
32 determined pursuant to the law relating to garnishment
33 proceedings.
34 (h) Costs in proceedings authorized by this Section
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1 shall be allowed, assessed and paid in accordance with rules,
2 provided that if the court determines, in its discretion,
3 that costs incurred by the judgment creditor were improperly
4 incurred, those costs shall be paid by the judgment creditor.
5 (i) This Section is in addition to and does not affect
6 enforcement of judgments or proceedings supplementary
7 thereto, by any other methods now or hereafter provided by
8 law.
9 (j) This Section does not grant the power to any court
10 to order installment or other payments from, or compel the
11 sale, delivery, surrender, assignment or conveyance of any
12 property exempt by statute from the enforcement of a judgment
13 thereon, a deduction order, garnishment, attachment,
14 sequestration, process or other levy or seizure.
15 (k) (Blank).
16 (l) At any citation hearing at which the judgment debtor
17 appears and seeks a declaration that certain of his or her
18 income or assets are exempt, the court shall proceed to
19 determine whether the property which the judgment debtor
20 declares to be exempt is exempt from judgment. At any time
21 before the return date specified on the citation, the
22 judgment debtor may request, in writing, a hearing to declare
23 exempt certain income and assets by notifying the clerk of
24 the court before that time, using forms as may be provided by
25 the clerk of the court. The clerk of the court will obtain a
26 prompt hearing date from the court and will provide the
27 necessary forms that must be prepared by the judgment debtor
28 or the attorney for the judgment debtor and sent to the
29 judgment creditor, or the judgment creditor's attorney,
30 regarding the time and location of the hearing. This notice
31 may be sent by regular first class mail. At the hearing, the
32 court shall immediately, unless for good cause shown that the
33 hearing is to be continued, shall proceed to determine
34 whether the property which the judgment debtor declares to be
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1 exempt is exempt from judgment. The restraining provisions
2 of subsection (f) shall not apply to any property determined
3 by the court to be exempt.
4 (m) The judgment or balance due on the judgment becomes
5 a lien when a citation is served in accordance with
6 subsection (a) of this Section. The lien binds nonexempt
7 personal property, including money, choses in action, and
8 effects of the judgment debtor as follows:
9 (1) When the citation is directed against the
10 judgment debtor, upon all personal property belonging to
11 the judgment debtor in the possession or control of the
12 judgment debtor or which may thereafter be acquired or
13 come due to the judgment debtor to the time of the
14 disposition of the citation.
15 (2) When the citation is directed against a third
16 party, upon all personal property belonging to the
17 judgment debtor in the possession or control of the third
18 party or which thereafter may be acquired or come due the
19 judgment debtor and comes into the possession or control
20 of the third party to the time of the disposition of the
21 citation.
22 The lien established under this Section does not affect
23 the rights of citation respondents in property prior to the
24 service of the citation upon them and does not affect the
25 rights of bona fide purchasers or lenders without notice of
26 the citation. The lien is effective for the period specified
27 by Supreme Court Rule.
28 This subsection (m), as added by Public Act 88-48, is a
29 declaration of existing law.
30 (n) If any provision of this Act or its application to
31 any person or circumstance is held invalid, the invalidity of
32 that provision or application does not affect the provisions
33 or applications of the Act that can be given effect without
34 the invalid provision or application.
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1 (Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670,
2 eff. 12-2-94; 89-364, eff. 1-1-96.)
3 (735 ILCS 5/12-901) (from Ch. 110, par. 12-901)
4 Sec. 12-901. Amount. Every individual is entitled to an
5 estate of homestead to the extent in value of $15,000 $7,500
6 of his or her interest in a farm or lot of land and buildings
7 thereon, a condominium, or personal property, owned or
8 rightly possessed by lease or otherwise and occupied by him
9 or her as a residence, or in a cooperative that owns property
10 that the individual uses as a residence. That homestead and
11 all right in and title to that homestead is exempt from
12 attachment, judgment, levy, or judgment sale for the payment
13 of his or her debts or other purposes and from the laws of
14 conveyance, descent, and legacy, except as provided in this
15 Code or in Section 20-6 of the Probate Act of 1975. This
16 Section is not applicable between joint tenants or tenants in
17 common but it is applicable as to any creditors of those
18 persons. If 2 or more individuals own property that is exempt
19 as a homestead, the value of the exemption of each individual
20 may not exceed his or her proportionate share of $30,000
21 $15,000 based upon percentage of ownership.
22 (Source: P.A. 88-672, eff. 12-14-94.)
23 (735 ILCS 5/12-904) (from Ch. 110, par. 12-904)
24 Sec. 12-904. Release, waiver or conveyance. No release,
25 waiver or conveyance of the estate so exempted shall be
26 valid, unless the same is in writing, signed by the
27 individual and his or her spouse, if he or she have one, or
28 possession is abandoned or given pursuant to the conveyance;
29 or if the exception is continued to a child or children
30 without the order of a court directing a release thereof; but
31 if a conveyance is made by an individual as grantor to his or
32 her spouse, such conveyance shall be effectual to pass the
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1 title expressed therein to be conveyed thereby, whether or
2 not the grantor in such conveyance is joined therein by his
3 or her spouse. In any case where such release, waiver or
4 conveyance is taken by way of mortgage or security, the same
5 shall only be operative as to such specific release, waiver
6 or conveyance; and when the same includes different pieces of
7 land, or the homestead is of greater value than $15,000
8 $7,500, the other lands shall first be sold before resorting
9 to the homestead, and in case of the sale of such homestead,
10 if any balance remains after the payment of the debt and
11 costs, such balance shall, to the extent of $15,000 $7,500 be
12 exempt, and be applied upon such homestead exemption in the
13 manner provided by law.
14 (Source: P.A. 82-783.)
15 (735 ILCS 5/12-906) (from Ch. 110, par. 12-906)
16 Sec. 12-906. Proceeds of sale. When a homestead is
17 conveyed by the owner thereof, such conveyance shall not
18 subject the premises to any lien or incumbrance to which it
19 would not be subject in the possession of such owner; and the
20 proceeds thereof, to the extent of the amount of $15,000
21 $7,500, shall be exempt from judgment or other process, for
22 one year after the receipt thereof, by the person entitled to
23 the exemption, and if reinvested in a homestead the same
24 shall be entitled to the same exemption as the original
25 homestead.
26 (Source: P.A. 82-783.)
27 (735 ILCS 5/12-909) (from Ch. 110, par. 12-909)
28 Sec. 12-909. Bid for less than exempted amount. No sale
29 shall be made of the premises on such judgment unless a
30 greater sum than $15,000 $7,500 is bid therefor. If a greater
31 sum is not so bid, the judgment may be set aside or modified,
32 or the enforcement of the judgment released, as for lack of
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1 property.
2 (Source: P.A. 82-783.)
3 (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
4 Sec. 12-910. Proceedings to enforce judgment. If in the
5 opinion of the judgment creditors, or the officer holding a
6 certified copy of a judgment for enforcement against such
7 individuals, the premises claimed by him or her as exempt are
8 worth more than $15,000 $7,500, such officer shall summon 3
9 individuals, as commissioners, who shall, upon oath, to be
10 administered to them by the officer, appraise the premises,
11 and if, in their opinion, the property may be divided without
12 damage to the interest of the parties, they shall set off so
13 much of the premises, including the dwelling house, as in
14 their opinion is worth $15,000 $7,500, and the residue of the
15 premises may be advertised and sold by such officer. Each
16 commissioner shall receive for his or her services the sum of
17 $5 per day for each day necessarily engaged in such service.
18 The officer summoning such commissioners shall receive such
19 fees as may be allowed for serving summons, but shall be
20 entitled to charge mileage for only the actual distance
21 traveled from the premises to be appraised, to the residence
22 of the commissioners summoned. The officer shall not be
23 required to summon commissioners until the judgment creditor,
24 or some one for him or her, shall advance to the officer one
25 day's fees for the commissioners, and unless the creditor
26 shall advance such fees the officer shall not be required to
27 enforce the judgment. The costs of such appraisement shall
28 not be taxed against the judgment debtor unless such
29 appraisement shows that the judgment debtor has property
30 subject to such judgment.
31 (Source: P.A. 83-707.)
32 (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
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1 Sec. 12-911. Notice to judgment debtor. In case the
2 value of the premises is, in the opinion of the
3 commissioners, more than $15,000 $7,500, and cannot be
4 divided as is provided for in Section 12-910 of this Act,
5 they shall make and sign an appraisal of the value thereof,
6 and deliver the same to the officer, who shall deliver a copy
7 thereof to the judgment debtor, or to some one of the family
8 of the age of 13 years or upwards, with a notice thereto
9 attached that unless the judgment debtor pays to such officer
10 the surplus over and above $15,000 $7,500 on the amount due
11 on the judgment within 60 days thereafter, such premises will
12 be sold.
13 (Source: P.A. 83-356.)
14 (735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
15 Sec. 12-912. Sale of premises - Distribution of proceeds.
16 In case of such surplus, or the amount due on the judgment is
17 not paid within the 60 days, the officer may advertise and
18 sell the premises, and out of the proceeds of such sale pay
19 to such judgment debtor the sum of $15,000 $7,500, and apply
20 the balance on the judgment.
21 (Source: P.A. 82-783.)
22 (735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001)
23 Sec. 12-1001. Personal property exempt. The following
24 personal property, owned by the debtor, is exempt from
25 judgment, attachment, or distress for rent:
26 (a) The necessary wearing apparel, bible, school
27 books, and family pictures of the debtor and the debtor's
28 dependents;
29 (b) The debtor's equity interest, not to exceed
30 $4,000 $2,000 in value, in any other property;
31 (c) The debtor's interest, not to exceed $2,400
32 $1,200 in value, in any one motor vehicle;
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1 (d) The debtor's equity interest, not to exceed
2 $1,500 $750 in value, in any implements, professional
3 books, or tools of the trade of the debtor;
4 (e) Professionally prescribed health aids for the
5 debtor or a dependent of the debtor;
6 (f) All proceeds payable because of the death of
7 the insured and the aggregate net cash value of any or
8 all life insurance and endowment policies and annuity
9 contracts payable to a wife or husband of the insured, or
10 to a child, parent, or other person dependent upon the
11 insured, whether the power to change the beneficiary is
12 reserved to the insured or not and whether the insured or
13 the insured's estate is a contingent beneficiary or not;
14 (g) The debtor's right to receive:
15 (1) a social security benefit, unemployment
16 compensation, or public assistance benefit;
17 (2) a veteran's benefit;
18 (3) a disability, illness, or unemployment
19 benefit; and
20 (4) alimony, support, or separate maintenance,
21 to the extent reasonably necessary for the support
22 of the debtor and any dependent of the debtor.
23 (h) The debtor's right to receive, or property that
24 is traceable to:
25 (1) an award under a crime victim's reparation
26 law;
27 (2) a payment on account of the wrongful death
28 of an individual of whom the debtor was a dependent,
29 to the extent reasonably necessary for the support
30 of the debtor;
31 (3) a payment under a life insurance contract
32 that insured the life of an individual of whom the
33 debtor was a dependent, to the extent reasonably
34 necessary for the support of the debtor or a
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1 dependent of the debtor;
2 (4) a payment, not to exceed $15,000 $7,500 in
3 value, on account of personal bodily injury of the
4 debtor or an individual of whom the debtor was a
5 dependent; and
6 (5) any restitution payments made to persons
7 pursuant to the federal Civil Liberties Act of 1988
8 and the Aleutian and Pribilof Island Restitution
9 Act, P.L. 100-383.
10 For purposes of this subsection (h), a debtor's
11 right to receive an award or payment shall be exempt for
12 a maximum of 2 years after the debtor's right to receive
13 the award or payment accrues; property traceable to an
14 award or payment shall be exempt for a maximum of 5 years
15 after the award or payment accrues; and an award or
16 payment and property traceable to an award or payment
17 shall be exempt only to the extent of the amount of the
18 award or payment, without interest or appreciation from
19 the date of the award or payment.
20 (i) The debtor's right to receive an award under
21 Part 20 of Article II of this Code relating to crime
22 victims' awards.
23 Money due the debtor from the sale of any personal
24 property that was exempt from judgment, attachment, or
25 distress for rent at the time of the sale is exempt from
26 attachment and garnishment to the same extent that the
27 property would be exempt had the same not been sold by the
28 debtor.
29 If a debtor owns property exempt under this Section and
30 he or she purchased that property with the intent of
31 converting nonexempt property into exempt property or in
32 fraud of his or her creditors, that property shall not be
33 exempt from judgment, attachment, or distress for rent.
34 Property acquired within 6 months of the filing of the
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1 petition for bankruptcy shall be presumed to have been
2 acquired in contemplation of bankruptcy.
3 The personal property exemptions set forth in this
4 Section shall apply only to individuals and only to personal
5 property that is used for personal rather than business
6 purposes. The personal property exemptions set forth in this
7 Section shall not apply to or be allowed against any money,
8 salary, or wages due or to become due to the debtor that are
9 required to be withheld in a wage deduction proceeding under
10 Part 8 of this Article XII.
11 (Source: P.A. 88-378; 89-686, eff. 12-31-96.)
12 Section 99. Effective date. This Act takes effect on
13 January 1, 2004.".