[CLBS] HOA Fees

[Tyler S. Wirick]

Yes, they were scheduled, and in a proposed order to the court, my client stated such.

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
tyler.wirick at wiricklaw.com


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On May 18, 2012, at 9:50 AM, Noah Hillen <ngh at moffatt.com> wrote:

> 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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