Process, Sample Court Order For Sheriff to Release Bank Levy in ...
Posted: Fri Aug 24, 2012 10:33 am
The Sheriff is correct. The levied funds belong to the creditor, barringa preference claim by the Chapter 7 Trustee or by the debtor if abandonedby the trustee and the debtor claimed the funds as exempt. See Sections 547
and 522(g) and (h).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/24/2012 10:16:44 A.M. Pacific Daylight Time,
legalsos4u@yahoo.com writes:
Dear List mates:
I have a chapter 7 debtor whose bank account was levied just prior to the filing. Timely notice was given to the sheriff, and now the Sheriff requires
a Court Order directing the sheriff to return the property to the debtor.The Creditor's Meeting is set for mid September. Does anyone have a sampleorder and any other procedural pleadings in general, or for the Santa
Barbara division in particular?
Thanks,
Stephen Stern, Esq.
Law Office of Stephen M. Stern, PLC
(805) 215-0295
_Sternlegalcounsel@gmail.com_ (mailto:Sternlegalcounsel@gmail.com)
The Sheriff is correct. The levied funds belong to the creditor,barring a preference claim by the Chapter 7 Trustee or by the debtor if
abandoned by the trustee and the debtor claimed the funds
as exempt. See Sections 547 and 522(g) and (h).
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 8/24/2012 10:16:44 A.M. Pacific Daylight Time,
legalsos4u@yahoo.com writes:
Dear List mates:
I have a chapter 7 debtor whose bank account was levied just prior to the
filing. Timely notice was given to the sheriff, and now the Sheriff requires a
Court Order directing the sheriff to return the property to the debtor. The
Creditor's Meeting is set for mid September. Does anyone have a sample order
and any other procedural pleadings in general, or for the Santa Barbara
division in particular?
Thanks,
Stephen Stern, Esq.
Law Office of Stephen M. Stern, PLC
(805) 215-0295
The post was migrated from Yahoo.