Legal Opinion

Lewis v. State Employees Credit Union of Maryland, Inc. (In Re Lewis)

United States Bankruptcy Court, D. Maryland

Decided June 21, 1990No. 19-12700PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

E. STEPHEN DERBY, Bankruptcy Judge.

The question at issue is whether a transfer effected by a Maryland wage garnishment lien, for purposes of the 90 day preference period under 11 U.S.C. § 547(b)(4)(A), occurs when the wages are earned, when they are payable, or when they are paid. Debtor, Susan Lewis, has filed a Complaint to Avoid and Recover Preferential Transfer under 11 U.S.C. §§ 522(h), 547(b) and 550(a)(1) preferential transfers in the aggregate amount of $847.50. The parties are in agreement as to the facts.

On May 4, 1988 defendant obtained a judgment against…

2Cases cited10 opinions

  1. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  2. Pressman v. BarnesCourt of Appeals of Maryland · 1956
  3. Rogan v. B. O.R.R. Co.Court of Appeals of Maryland · 1947
  4. Cox v. General Electric Credit Corp. (In Re Cox)United States Bankruptcy Court, D. Maryland · 1981
  5. Drews v. StateCourt of Appeals of Maryland · 1961

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3Cited by10 opinions

  1. In Re PassmoreUnited States Bankruptcy Court, E.D. Wisconsin · 1993
  2. In Re MaysUnited States Bankruptcy Court, D. New Jersey · 2000
  3. Transcontinental Refrigerated Lines, Inc. v. DantoneUnited States Bankruptcy Court, M.D. Pennsylvania · 2010
  4. Smoot v. Swann Hill Condominium Unit Owners Ass'n (In Re Smoot)United States Bankruptcy Court, D. Maryland · 1999
  5. Christians v. American Express Travel Related Services (In Re Djerf)United States Bankruptcy Court, D. Minnesota · 1995

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