Legal Opinion
Credit Bureau of Hopkinsville, Inc. v. Richardson (In Re Richardson)
United States Bankruptcy Court, M.D. Tennessee
Decided August 13, 1985No. Bankruptcy 382-01101PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether a Chapter 7 debtor can exempt and recover funds garnished from the debtor three years before bankruptcy, but still held by the clerk of the state court at the time of the petition. Based on our interpretation of the Kentucky law of garnishment and guided by this court’s decision in In re Perry, 48 B.R. 591, 12 COLLIER BANKR. CAS.2d 927 (Bankr.M.D.Tenn.1985), we hold that the debtor can recover and exempt the funds.
I
On April 12, 1979, Credit Bureau of Hop-kinsville, Kentucky (“Credit Bureau”) secured a judgment in…
2Cases cited5 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Eggleston v. Third National Bank (In Re Eggleston)United States Bankruptcy Court, M.D. Tennessee · 1982
- Perry v. General Motors Acceptance Corp. (In Re Perry)United States Bankruptcy Court, M.D. Tennessee · 1985
- Matter of LewisUnited States Bankruptcy Court, N.D. Alabama · 1982
- In Re GibbsUnited States Bankruptcy Court, W.D. Kentucky · 1984
3Cited by5 opinions
- Bryn Athyn Investors, Ltd. v. Hutton/Conam Realty Pension Investors (In Re Bryn Athyn Investors, Ltd.)United States Bankruptcy Court, E.D. North Carolina · 1987
- In Re LafoonUnited States Bankruptcy Court, E.D. Tennessee · 2002
- In Re WilliamsUnited States Bankruptcy Court, N.D. Georgia · 2011
- Saults v. First Tennessee Bank (In re Saults)United States Bankruptcy Court, E.D. Tennessee · 2002
- Carla Matthews BaldwinUnited States Bankruptcy Court, E.D. Kentucky · 2019