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

[D. Blair Clark]

If it's a Chapter 11, it should go back to the Debtor.  It's still
considered property of the estate.  If it's a 7, it should go to the
trustee.  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Amber N. Dina
Sent: Friday, October 09, 2015 9:57 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Bank account garnishment prior to BK - sheriff still has
garnished funds [IWOV-GPDMS.FID693075]

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
______________________

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/>
______________________

CONFIDENTIALITY NOTICE: This communication is confidential and may contain
privileged information. If you have received it in error, please advise the
sender by reply email and immediately delete the message and any attachments
without copying or disclosing the contents. Thank you.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs