Legal Opinion
Chavez v. Mercury Finance (In Re Chavez)
United States Bankruptcy Court, D. New Mexico
Decided January 16, 2001No. 19-10297PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION ON WAGE GARNISHMENT
JAMES S. STARZYNSKI, Chief Judge.
This matter came before the Court for a pretrial conference. Plaintiffs were represented by their attorney William Gordon & Associates (Holt Guysi). Defendant Mercury Finance (“Mercury”) appeared through its attorney Richard Marquez. This adversary proceeding seeks to recover wage garnishments as preferential transfers. In its answer to the complaint, Mercury raised, as an affirmative defense, that its writ of garnishment issued before the preference period creating a lien that would isolate any payments received from a…
2Cases cited15 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- 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
- Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- In Re RiddervoldCourt of Appeals for the Second Circuit · 1981
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3Cited by4 opinions
- Johnson v. Chetto (In Re Chetto)United States Bankruptcy Court, N.D. Illinois · 2002
- Tower Credit, Inc. v. SchottDistrict Court, M.D. Louisiana · 2016
- Weinman v. Alternative Revenue Systems, Inc. (In re Stevens)District Court, D. Colorado · 2016
- Garcia v. P2 Properties (In re Garcia)United States Bankruptcy Court, D. New Mexico · 2017