[CLBS] Bank account garnishment prior to BK - sheriff still has garnished funds [IWOV-GPDMS.FID693075]

[Amber N. Dina]

I represent a creditor who has a judgment against an Idaho corporation.  We obtained a writ of execution and garnished money from the debtor's bank account.  The sheriff is still in possession of the funds (waiting for claim of exemption period to expire yesterday).  However, yesterday the debtor filed Chapter 11 bankruptcy.

Should I instruct the sheriff to turn the money over to my creditor client today, or must the sheriff hold onto the money or give it back to the debtor?   (I know if we get it we'll likely have a preference battle down the road).

I'm looking for case law on point or any other guidance.

Regards,
Amber
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AMBER N. DINA
GIVENS PURSLEY LLP
601 W Bannock St, Boise, ID 83702
main 208-388-1200
direct 208-388-1244
fax 208-388-1300
amberdina at givenspursley.com
www.givenspursley.com<http://www.givenspursley.com/>
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