Federal Deposit Insurance v. Jenson (In re Jenson)

The FDIC’s predecessor-in-interest sued Jenson for a deficiency judgment. The district court issued a writ of attachment in the deficiency action that attached Jenson’s one-third interest in a deed of trust and related promissory note. Pursuant to the writ of attachment, Jenson’s share of note payments were garnisheed and paid to the U.S. Marshal. By February 3, 1988, the note had been paid in full, and the U.S. Marshal possessed $554,225.86 in note payments. On July 1, 1988, Jenson filed a Chapter 11 bankruptcy petition. In these circumstances, I do not rely upon In re Wind Power Systems,…