[CLBS] HOA Fees

[Noah Hillen]

Were the garnished funds scheduled as an asset in the bankruptcy?  If so, the funds were abandoned to the debtor upon the closing of the case pursuant to Section 554.

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler S. Wirick
Sent: Friday, May 18, 2012 10:34 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] HOA Fees

Here's the scenario: the HOA sued debtor in small claims court, secured a
judgment, and had the sheriff execute on debtors bank account. The debtor
files a Ch. 7 and schedules HOA as a creditor. The bankruptcy discharges and
closes as a no asset bankruptcy. In the meantime, the sheriff's office fails
to release the funds to the trustee, and now the sheriff refuses to release
the funds to the debtor absent an order from the state court. The state
court will not sign an order without a stipulation from the HOA that the
funds can be released. All parties have copies of the BK paperwork,
including the discharge.



Any thoughts on how to proceed?





Best regards,



Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
 <mailto:tyler.wirick at wiricklaw.com> tyler.wirick at wiricklaw.com


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