Garnishment

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In In re Cochran, Ch. 7 Case No. 13-43242, 2014 Bankr. LEXIS 1178 (Bankr. N.D. Ga. Feb. 10, 2014), the issue in the motion to avoid lien was whether funds paid into court pursuant to a Summons of Garnishment are property of the Bankruptcy estate after a case is filed.  Judge Mary Grace Diehl held as follows:

The Florida Third District Court of Appeals issued its decision in Capital Factors, Inc. v. Alba Rent-a-Car, Inc., et al., 32 Fla.L.Weekly D21070 (Fla. 3rd. DCA 2007) and held that an unconfirmed arbitration award qualifies as a "debt due" by the garnishee subject to garnishment under Section, 77.01, Florida Statutes. The Court held that an arbitration award does not require judicial confirmation to be collectible by garnishment.

The United States will go over the fiscal cliff tomorrow if Congress cannot come up with at least a short term solution. But what about us? Many of us have already gone over our fiscal cliff.  Even if Congress finds a way to avoid the country going over the cliff, it is unlikely they will help the rest of us solve our financial distress.

The golden years should be spent enjoying time with family and friends. Unfortunately, many senior citizens have to live in poverty while trying to balance their debt; then a certified letter arrives in the mailbox informing them that their meager Social Security check will be garnished to pay for an old unpaid debt.   Chapter [...]