Process, Sample Court Order For Sheriff to Release Ba=
Posted: Fri Aug 24, 2012 11:50 am
Thank you, Nick
________________________________
To: "cdcbaa@yahoogroups.com"
Cc: Nicholas Gebelt
Sent: Friday, August 24, 2012 11:39 AM
Subject: RE: [cdcbaa] Process, Sample Court Order For Sheriff to Release Bank Levy in ...
Dear Stephen,
Some judges require an adversary proceeding before issuing such an order, while others will permit obtaining the order via motion. Technically, the adversary judges are correct because of Fed. R. Bankr. Proc. 7001(1).
I do not know Judge Riblets predilection in this setting (Ie will allow the relief by motion, take a look at my motion filed as docket entry 17 in case number 2:12-bk-23306-RK, and the order Judge Kwan signed as docket entry 23. Give her chambers a call to see what her position is. In any event, in the 2:12-bk-23306-RK case, once the collector received the signed order, it asked the Sheriff to return the money, which the Sheriff did surprisingly quickly.
Good luck,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
Law Offices of Nicholas Gebelt
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From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Stephen Mark
Sent: Friday, August 24, 2012 11:07 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Process, Sample Court Order For Sheriff to Release Bank Levy in ...
Do you have a sample order I can use as reference?
________________________________
From:"jesseelaw@aol.com"
To: cdcbaa@yahoogroups.com
Sent: Friday, August 24, 2012 10:33 AM
Subject: Re: [cdcbaa] Process, Sample Court Order For Sheriff to Release Bank Levy in ...
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 claimedthe funds asexempt.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 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
>Sternlegalcounsel@gmail.com
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