Virginia > Federal > USBC Eastern

Procedure For Release Of Funds Held Under Garnishment - Virginia

Procedure For Release Of Funds Held Under Garnishment Form. This is a Virginia form and can be used in USBC Eastern Federal .
 Fillable pdf Last Modified 12/16/2009
Get this form for FREE as a print-only pdf

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: ) ) PROCEDURE FOR RELEASE ) General Order No. ________ 95-2 OF FUNDS HELD UNDER ) GARNISHMENT ) ORDER At Alexandria, in said District, this ___31st__ day of July, 1995: In order to reduce delay and costs to individual debtors seeking release of funds held under pre-petition garnishments while protecting the interests of j udgment creditors and the bankruptcy estate, and after considering the recommendation of t he Bar Liaison Committee for the Alexandria Division, it is hereby ORDERED , effective August 1, 1995: 1. An individual debtor seeking the release of funds held pursuant to a pre-petition garnishment may, in addition to any other remedy or procedure authorized by the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, file with the Court a Notice and Motion for Order Authorizing Release of Funds Held Under Garn ishment in the form attached hereto as Exhibit 1. Prior to or simultaneously with such filing, the debtor shall serve a true copy of said Notice and Motion upon the judgme nt creditor and any trustee appointed in the bankruptcy case and shall certify such serv ice on the original filed with this Court. 2. At the time the Notice and Motion are filed with the Court, the debtor shall furnish the Clerk with envelopes with sufficient postage affixed for fir st class mailing addressed to the debtor, judgment creditor, and trustee. 3. The judgment creditor and the trustee shall have ten (10) days from the date of service of the Notice and Motion to file an objection or response theret o. A copy of the objection must be served on the debtor. If the objection is filed by the trustee, it must also be served on the judgment creditor. If the objection is filed by the judgment creditor, it must also be served on the trustee. 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 4. If no timely objection is filed, the Clerk is authorized on the eleventh day after service of the Notice and Motion (or the nearest business day thereafte r) to enter an Order Authorizing Release of Garnishment in the form attached hereto as Exhibi t 2, and shall mail copies to the debtor, judgment creditor, and trustee. 5. If an objection is filed, or if the debtor fails to supply addressed env elopes with sufficient postage, the Clerk shall set the matter on the Courts doc ket for hearing and determination and shall provide the debtor with notice of the hearing da te. It shall be the debtors responsibility to give notice of the hearing date to the tru stee and judgment creditor. 6. The provisions of this Order shall Alexandria Division of this District. Douglas 0. Tice, Jr., Judge st,bs P&f4Qo Stephen4 . Mitchell, Judge American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: ) ) )Case No. ______________ ) Last Four Digits of SSN:__________) Chapter ______ Debtor(s) ) NOTICE AND MOTION FOR ORDER AUTHORIZING RELEASE OF FUNDS HELD UNDER GARNISHMENT 1. The debtor(s) filed a voluntary petition under chapter ____ of the Bankruptcy Code in this Court on ___________________. 2. At the time the petition was filed, certain sums, in the approximate amount of $_______________, were being held as a result of a garnishment summons o r process issued by __________________________________________________________ [full name and location of court]. The garnishment process was issued on behalf of _______________________________________ [full name of judgment creditor] to enforce a judgment against _____________________________________________ _ [full name(s) of defendant(s)] and has been served on _____________________________ ____________________________ [full name of employer, bank, or other garnishee]. 3. The debtor has claimed the funds held under garnishment as exempt on the schedule of exempt property filed in this case. 4. NOTICE: Any party objecting to such funds being released to the debtor must file a written response or objection with the Clerk of Court, Unite d States Bankruptcy Court, Eastern District of Virginia, 200 S. Washington Street , Room 100, Alexandria, Virginia 22314 within ten (10) days of the mailing of this Notice and Motion. A copy of the objection must be served on the debtor. If the objection is filed by the trustee, it must also be served on the judgment creditor. If the objection is 11 EXHIBIT 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4filed by the judgment creditor, it must also be served on the trustee. If an objection is filed, the motion will be set for hearing, and separate notice of the he aring will be provided. Otherwise an order granting the requested relief may be enter ed without a hearing. WHEREFORE, the debtor(s) pray for entry of an order authorizing the re lease of the funds held under garnishment. _________________________________ [ Signature of Attorney for Debtor or pro se debtor] _________________________________ _________________________________ _________________________________ _________________________________ [ Address and Telephone Number] Certificate of Service I hereby certify that I have this ______ day of __________________, ____ _, mailed a true copy of the foregoing Notice and Motion to [insert names and addresses]: trustee _________________________ _________________________ _________________________ _________________________ judgment creditor _________________________ _________________________ _________________________ _________________________ __________________________________ [ Signature] 22 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 5 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: ) ) ) Case No. _________________ ) Chapter ________ Last Four Digits of SSN: __________) Debtor(s) ) ORDER AUTHORIZING RELEASE OF GARNISHMENT Upon consideration of the Notice and Motion of the debtor(s) for an or der authorizing the release of garnished funds claimed exempt by the debtor; and it appearing that at the time this case was commenced, funds in the approximate amoun t of $______________ were being held under a garnishment summons issued on be half of ________________________________________________________ [ judgment creditor] by the ____________________________________________________ [name of court
Link/Embed this Document
URL
Embed


Popular Searches

  1. writ of garnishment
  2. claim of exemption
  3. statement of claim
  4. garnishment
  5. adoption
  6. small claims
  7. contempt
  8. appearance
  9. Unlawful Detainer
  10. eviction

Bookmark and Share