In Re Ramsey

Emergency Motion to Turnover Bank Accounts Frozen by Garnishment

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This is an emergency motion to turnover two of debtor's bank accounts that were frozen by her bank when her bank received a garnishment from a judgment creditor. The motion is based on the assertion that since the garnishment was filed within 90 days of the filing of the bankruptcy petition, any payment of the funds to the garnishing creditor would be a preferential transfer. It also asserts that the funds in the accounts are exempt because (1) they constitute wages of the debtor, (2) they constitute wages of the debtor's husband who did not file bankruptc and (3) they constitute a BP oil spill recovery of the debtor's husband. It alleges that the Trustee had been notified and had declined to participate in the motion thus allowing the debtor to file directly.

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Published In: Bankruptcy Updates

Reference Info:Pleadings | Federal, 11th Circuit, Alabama | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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