Harris v. Banks (In re Banks)
Jan
25
2011
Ruling
Garnished wages in which debtor failed to properly claim exemption was property of the estate.
Procedural posture
A judgment creditor filed a motion for entry of order for a notice of assets. The court treated the motion as an objection to a Chapter 7 debtor's claim of exemptions, which was governed by Fed. R. Bankr. P. 4003(b). The motion challenged the debtor's eligibility for a homestead exemption in garnished wages and in the debtor's 2010 federal tax return under Va. Code Ann. § 34-17(B).
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Court
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