Legal Opinion
Alarcon v. Commercial Credit Corp. (In Re Alarcon)
United States Bankruptcy Court, D. New Mexico
Decided August 21, 1995No. 17-12257PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
MARK B. McFEELEY, Bankruptcy Judge.
This matter is before the Court upon cross-motions for summary judgment. The debtor, exercising the avoidance powers of a trustee, § 522(h), filed a complaint pursuant to 11 U.S.C. § 547(b) to set aside as a preference payments made to the defendant, Commercial Credit Corporation (“Commercial”) resulting from a garnishment in the New Mexico state district court. The debtor claims the garnished funds as exempt. The issue before the Court is whether funds garnished by a creditor from the wages of a consumer debtor within ninety days of the filing of…
2Cases cited6 opinions
- Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1985
- In Re PassmoreUnited States Bankruptcy Court, E.D. Wisconsin · 1993
- Ray v. Cannon's, Inc. (In Re Vickery)United States Bankruptcy Court, E.D. Tennessee · 1986
- In Re BunnerUnited States Bankruptcy Court, C.D. Illinois · 1992
- Holyfield v. Knopp (In Re Holyfield)United States Bankruptcy Court, D. Maryland · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In the Matter of Sherry Hailes, Debtor. Electric City Merchandise Company v. Sherry HailesCourt of Appeals for the Fifth Circuit · 1996
- Transcontinental Refrigerated Lines, Inc. v. DantoneUnited States Bankruptcy Court, M.D. Pennsylvania · 2010
- Slobodian v. United States of America Internal Revenue ServiceCourt of Appeals for the Third Circuit · 2016
- Christians v. American Express Travel Related Services (In Re Djerf)United States Bankruptcy Court, D. Minnesota · 1995
- In Re ClarkDistrict Court, W.D. Kentucky · 1995
2 more not listed; retrieve them via the Exa API.