[CLBS] Ch. 13 Question

[Jeff Wilson]

I would tend to agree

Jeffrey M. Wilson

> On Feb 8, 2016, at 12:43 PM, Tyler Wirick <tyler.wirick at wiricklaw.com> wrote:
> 
> My position, by the way, is that pursuant to 11 USC 541 and 1306(a)(2), they are property of the estate and must be returned to the trustee even though the creditor did not receive notice. 
> 
>> On Feb 8, 2016, at 12:30 PM, Tyler Wirick <tyler.wirick at wiricklaw.com> wrote:
>> 
>> Creditor is actively garnishing pre-filing. Debtor files a Chapter 13 but fails to schedule the creditor. Creditor continues garnishment post filing, but then finds out through a third party about the BK. Who gets the post-petition garnishment funds?
>> 
>> Best,
>> 
>> Tyler Wirick
>> 
>> PLEASE SEE UPDATED CONTACT INFORMATION, BELOW
>> 
>> Best regards,
>> 
>> Tyler S. Wirick
>> Law Offices of Tyler S. Wirick
>> PO Box 910116
>> Saint George, UT 84791
>> Telephone: (435) 243-5885
>> Fax: (435) 214-2480
>> tyler.wirick at wiricklaw.com <mailto:tyler.wirick at wiricklaw.com>
>> 
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