[CLBS] creditor refuses to return prefentially garnished money

[Ford Elsaesser]

What code provision do you proceed under if its no longer prop of estate?what stat basis is there for a fee award?-ford

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Denton Andrews
Sent: Tuesday, May 06, 2014 11:48 AM
To: 'Bankruptcy list'
Subject: [CLBS] creditor refuses to return prefentially garnished money

1. Creditor garnishes $1500 during preferincal period of chpt 7 br 2. Pet files exemption for garnishment proceeds 3. Trustee files letter of abandonment of the estate 4. We make request to Creditor for return the money 5. Creditor refuses claiming that the case has been discharged.
 
If we reopen the case are we still then entitled to the money plus filing fee and attorney fees?
 
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