Sheppard v. Speck (In re Sheppard)

OPINION REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ■

THOMAS J. TUCKER, Bankruptcy Judge.

I. Introduction

Defendant is a judgment creditor of Plaintiff. In this adversary proceeding, *601Plaintiff seeks to avoid as a preference and recover from Defendant prepetition transfers totaling $676.98. This amount was withheld from Plaintiffs wages as a result of a garnishment Defendant served on Plaintiffs employer within the 90-day period immediately before Plaintiff filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. Plaintiffs employer paid to Defendant $596.98 of the…