Hurley v. Gaertner (In Re Hurley)

MEMORANDUM OPINION

Hon. RONALD S. BARLIANT, Bankruptcy Judge.

Two motions before this Court arise out of the premature payment of funds by a garnishee-bank to a judgment creditor-gar-nishor before a judgment had been entered in the garnishment proceeding. The garnishee-bank filed a motion requesting that this Court either approve the payment nunc •pro tunc or require the judgment creditor-garnishor to return the funds. The judgment debtor has moved to quash the garnishment summons and declare the garnishment proceedings void ab initio. At issue are whether the judgment creditor properly…