[CLBS] Fw: garnishment

Jeff Rolig jrolig at roliglaw.com
Mon Oct 19 16:20:11 MDT 2015


Thanks to all for your feedback and unanimous decision:  Trustee gets it, then back to the debtor.
----- Original Message ----- 
From: Jeff Rolig 
To: clbs at admws.idaho.gov 
Sent: Monday, October 19, 2015 4:02 PM
Subject: garnishment


Here is my question of the day.  Creditor has a wage garnishment properly served on an employer.  Pay period ends on Oct 2, with the garnishment in place.  Debtor files Ch. 7 bkcy on Oct 6.  Employer issues check to Sheriff on Oct 9 for the portion of the paycheck (less than $400) to be seized under the garnishment.  Trustee demands the money, if you can imagine such a thing.  Who is entitled to the money, trustee or creditor of the debtor?

Jeffrey E. Rolig
Jeffrey E. Rolig, P.C.
P.O. Box 5455
Twin Falls, ID 83303
Tele. 208-733-0075
Fax 208-733-0717


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