Brooks v. Stevenson (In re Brooks)
Dec
27
2006
Ruling
Trustee could retain funds recovered from other creditors that debor claimed were not estate property.
Procedural posture
Movants, the debtor and his non-debtor wife, sought an order requiring respondent chapter 7 trustee to abandon his interest in certain funds paid over to him by creditors. These funds were obtained by the creditors as the result of a writ of garnishment. The trustee demanded that the funds be paid over to him because they represented a preferential transfer to the creditors.
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Court
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