The Chapter 7 Trustee filed an objection to the Debtor’s claim of exemption under Virginia Code § 34-29, entitled “Maximum portion of disposable earnings subject to garnishment.”  The Debtor claimed the § 34-29 exemption in accounts receivable for stenography work performed prepetition. 

The Court held that the analysis in In re Kluge, Case No. 11-61517 (Bankr. W.D. Va. Oct. 3, 2011), is correct in that § 34-29 only applies to garnishment, and because there is no garnishment at issue in this case, § 34-29 simply does not apply to afford the Debtor the relief claimed in her exemption.  Because the Court found that § 34-29 is not applicable by its statutory terms to the facts of this case, the Court did not find it necessary to address the Trustee’s other arguments.