[CLBS] Garnishment Timing

Tyler Wirick tyler.wirick at wiricklaw.com
Tue Jan 19 09:34:30 MST 2016


All,

Creditor is sent a check from a garnishment that occurred when the company cut the paychecks, which was one day before the Ch. 13 bankruptcy filing date, and five days before the debtor actually got paid (e.g. company cuts check 1/10; debtors files 1/11; debtor’s payday is actually 1/15.) Where does the money go? It seems to me that it is property of the estate and goes to the trustee. Thoughts? 

Best,

Tyler Wirick
PO Box 910116
St. George, UT 84791
Phone: (208) 292-4200
Fax: (435) 214-1480


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