[CLBS] creditor refuses to return prefentially garnished money

[Cam Phillips]

Sect. 554 (c) says asset goes to debtor and sect 350 is available to administer asset.

Sect 350(b) says ct can reopen case to administer assets or accord "relief to the debtor." 

I accidentally left my Rules volume at home, so perhaps you know, Ford whether the bk judge will help the debtor get his $ back from the abusive, and somewhat reckless, creditor.  

I'm in an airport with no further available resources.  Good questions tho.

Cameron Phillips
Attorney at Law
924 Sherman Ave.
Coeur d' Alene, Idaho 83814
208  667 5437

On May 6, 2014, at 3:33 PM, Ford Elsaesser <ford at ejame.com> wrote:

> 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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