Legal Opinion

In Re Johnson

United States Bankruptcy Court, M.D. Alabama

Decided August 31, 1999No. 19-80142PublishedCited by 6 opinions

1Opinion of the Court

Opinion on Motion to Annul Writ of Garnishment Auto Acceptance

RODNEY R. STEELE, Chief Judge.

This opinion is about when a transfer occurs under Title 11 U.S.C. § 547, when debtor or trustee seeks to recover funds withheld within 90 days before the date of bankruptcy under a garnishment by a judgment creditor.

Findings

Debtor filed this Chapter 13 case on July 7, 1999. Some ten months before, on September 11, 1998 Auto Acceptance had garnishment issue to collect its judgment, and served it upon the garnishee Montgomery County Commissioner of Finance. A portion of debtor’s wages were withheld, and…

2Cases cited9 opinions

  1. R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
  2. Bankr. L. Rep. P 69,897 in Re Conner, Debtor. Askin Marine Company v. Clark N. Conner and Doretha S. ConnerCourt of Appeals for the Eleventh Circuit · 1984
  3. Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
  4. Eggleston v. Third National Bank (In Re Eggleston)United States Bankruptcy Court, M.D. Tennessee · 1982
  5. In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lapham-Hickey Steel CorporationCourt of Appeals for the Seventh Circuit · 1995

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3Cited by6 opinions

  1. In Re: Sheri Whorley Morehead, A/K/A Sheri Lynn Whorley, Debtor. Sheri Whorley Morehead v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 2001
  2. In Re MaysUnited States Bankruptcy Court, D. New Jersey · 2000
  3. In Re WhiteUnited States Bankruptcy Court, D. New Jersey · 2001
  4. Tower Credit, Inc. v. SchottDistrict Court, M.D. Louisiana · 2016
  5. Weinman v. Alternative Revenue Systems, Inc. (In re Stevens)District Court, D. Colorado · 2016

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