Opinion
Civil Case No. 04-cv-01619-LTB-BNB.
August 30, 2010
ORDER
On August 25, 2010, mandate issued from the Tenth Circuit Court of Appeals upon its Order and Judgment issued by the Tenth Circuit Court of Appeals on August 3, 2010. In that Order and Judgment, the Tenth Circuit stated:
"In sum, this case supports Berkshire's argument that Ms. Garcia's disability payments (`earnings' under the relevant statutes) can be set-off up to the statutory exemption levels. We thus agree that Berkshire is entitled to withhold up to twenty-five percent of $2,530 (i.e., approximately $600) from each payment it makes, until the entire judgment owed by Ms. Garcia to Berkshire is fully paid."
This Court's Order on appeal was reversed and remanded for further proceedings consistent with the Tenth Circuit's Order and Judgment. Accordingly
IT IS ORDERED that Berkshire is entitled to withhold up to twenty-five percent (25%) of $2,530 (i.e., approximately $600) from each payment it makes until the entire judgment owed by Ms. Garcia to Berkshire is fully paid.