[CLBS] Garnishment Timing

[Howard Foley]

Seems at the very least it is a preference and the trustee should demand it be turned over. 

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patricia Evans
Sent: Tuesday, January 19, 2016 11:00 AM
To: Tyler Wirick <tyler.wirick at wiricklaw.com>; BK listserve <clbs at admws.idaho.gov>
Subject: Re: [CLBS] Garnishment Timing





Having the same problem. A creditor in Lewiston that claims it is all theirs. Appreciate answers!


Sent from my Samsung device

-------- Original message --------
From: Tyler Wirick <tyler.wirick at wiricklaw.com>
Date: 01/19/2016  8:34 AM  (GMT-08:00)
To: BK listserve <clbs at admws.idaho.gov>
Subject: [CLBS] Garnishment Timing

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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