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Sheriff restarted garnishment of discharged debt w/o creditor's involvement
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Alik;
The stay is and at the time of violation was no longer in effect. You
need to file a motion to reopen the case and then at the same time file
a motion for an OSC re Contempt of Discharge Order.
Btw, this is strange. Document your attempts to reach the sheriff well.
Steven B. Lever
The post was migrated from Yahoo.
Listmates,
My client (debtor) had wage garnishment prepetition. When we filed chapter
7 garnishment stopped. After debtor received discharge and case closed,
garnishment restarted.
I contacted the creditor who said that they did not do anything to restart
the garnishment. I submitted a letter request for information about this
to the sheriff but they ignored it. Assuming sheriff restarted garnishment
as a result of a clerical error, should I sue the sheriff for stay
violation?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Listmates,My client (debtor) had wage garnishment prepetition. When we filed chapter 7 garnishment stopped. After debtor received discharge and case closed, garnishment restarted.
I contacted the creditor who said that they did not do anything to restart the garnishment. I submitted a letter request for information about this to the sheriff but they ignored it. Assuming sheriff restarted garnishment as a result of a clerical error, should I sue the sheriff for stay violation?
-- Alik SegalAlik.Segal@gmail.com
310-362-6157California Central District
The post was migrated from Yahoo.