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FTB levy; Pre or Post Petition?
You win. It does not matter when right to compensation accrued in this
case. It only matters when money was paid.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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Debtor file petition on 3rd day of month. Pay period ended on 31st of prepetition month. Paycheck date is 8th day of postpetition month and FTB acknowledges receipt of funds on 13th day of postpetition month. FTB levies funds from paycheck and claims that since it is withholding funds from period ending on 31st of prepetition month, it will not release funds to debtor. I asserted that funds were not withholdings, but levy against funds debtor did not have right to receive until postpetition date (8th).
Any predictions on motion for turnover?
Thanks
Peter
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Debtor file petition on 3rd day of month. Pay period ended on 31st of prepetition month. Paycheck date is 8th day of postpetition month and FTB acknowledges receipt of funds on 13th day of postpetition month. FTB levies funds from paycheck and claims that since it is withholding funds from period ending on 31st of prepetition month, it will not release funds to debtor. I asserted that funds were not withholdings, but levy against funds debtor did not have right to receive until postpetition date (8th). Any predictions on motion for turnover? Thanks Peter
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The post was migrated from Yahoo.