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J.M. v. HOBBS

No. S-10-600.

797 N.W.2d 227 (2011)

281 Neb. 539

J.M., as Guardian and Conservator for his minor child, C.M., appellant, v. Billy L. HOBBS, appellee.

Supreme Court of Nebraska.

May 13, 2011.

Attorney(s) appearing for the Case

Victor E. Covalt III and John W. Ballew, Jr. , of Ballew Covalt, P.C., L.L.O., Lincoln, for appellant.

Dana M. London for appellee.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Nebraska law provides that a court may order any property of a judgment debtor, not exempted by law, in the hands of either the debtor or any other person or corporation, or due to the debtor, to be applied toward the satisfaction of the judgment.1 But the Nebraska State Patrol Retirement Act (the Act)2 provides, as relevant, that annuities or benefits "which any person shall be entitled to receive...

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