Legal Opinion

In Re Wilkinson

United States Bankruptcy Court, E.D. Virginia

Decided May 24, 1996No. 19-10647PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

Before the court is the motion of one of the debtors to avoid an execution lien obtained by Dale Service Corp. (“Dale”) and to require Dale to disgorge $806.71 in garnished wages it received as a result of its Hen. A hearing was held on March 12,1996, at which the parties presented oral argument. The dispositive issues are whether, under either § 522(f) or § 522(h), Bankruptcy Code, the debtor may recover funds that had been withheld from his wages more than 90 days prior to his chapter 7 filing but where the order of payment directing…

2Cases cited22 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. Farrey v. SanderfootSupreme Court of the United States · 1991
  3. Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1985
  4. Lynch v. JohnsonSupreme Court of Virginia · 1954
  5. Cox v. General Electric Credit Corp. (In Re Cox)United States Bankruptcy Court, D. Maryland · 1981

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
  2. Montclair Property Owners Ass'n v. Reynard (In Re Reynard)United States Bankruptcy Court, E.D. Virginia · 2000
  3. In Re MeyerUnited States Bankruptcy Court, E.D. Virginia · 1997
  4. Shaia v. Meyer (In Re Meyer)United States Bankruptcy Court, E.D. Virginia · 1997
  5. In Re ColstonUnited States Bankruptcy Court, S.D. Ohio · 1997

8 more not listed; retrieve them via the Exa API.

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