Brengle v. Wilmington Trust Co. (In Re Brengle)

MEMORANDUM OPINION AND ORDER

HELEN S. BALICE, Bankruptcy Judge.

This matter is before the court on cross-motions for summary judgment. The plaintiff/debtor filed a complaint against Wilmington Trust Company, defendant, seeking to permanently enjoin it from receiving property (wages) under a fi. fa. attachment, to have property received by defendant within the 90-day period preceding the filing of plaintiff’s bankruptcy petition declared a voidable preference under 11 U.S.C. § 547(b) and returned to plaintiff, and to be awarded $5,000 punitive damages and $1,500 attorney’s fees and costs.

Plaintif…