IN RE EARLEY

No. 03 B 38727.

305 B.R. 837 (2004)

In re Robert W. EARLEY, Debtors.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

March 5, 2004.


Attorney(s) appearing for the Case

John J. Ellman, David M. Siegel & Associates, Northbrook, IL, for Debtor.

Kenneth B. Drost, P.C., Barrington, IL, for Triad Financial Corporation.


MEMORANDUM OPINION AND ORDER

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

This matter presents a question that seems to be arising with increasing frequency. Triad Financial Corporation holds a judgment against debtor Robert Earley and has a lien on his wages under the Illinois Wage Deduction Act, 735 ILCS 5/12-801 et seq. (2002) (the "IWDA"). In his chapter 13 plan, however, Earley proposes to treat Triad's claim as unsecured. The question: must...

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