Saults v. First Tennessee Bank (In re Saults)

*742 MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the debtor seeks to avoid a prepetition garnishment of her bank account under 11 U.S.C. § 522(h) and a determination that the defendant has violated the automatic stay by its actions in refusing to turnover the garnished funds. Presently before the court is the defendant’s motion for summary judgment based on judicial estoppel, the debtor’s alleged bad faith, the alleged untimeliness of the debtor’s exemption claim, the absence of trustee approval to the avoidance action, and the lack of a willful stay…