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After debtor’s Chapter 13 case was dismissed, the surplus plan payments had to go to the debtor, despite creditor’s writ of garnishment for back child support. The question of whether or not a Chapter 13 Trustee can be forced to turn over a debtor refund to a garnishing creditor has a long history – the early case law said no to garnishment.
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[DOCX File]Case Information
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Sep 23, 2014 · (bk18792pg044), Copy Of Note, Affidavit Pursuant To MD ANN Code RP Section 7-105.1(D)(2)(III) and Rule 14-207(B)(3) Certifying Ownership Of Debt Instrument, Original Appointment Of Substitute Trustees (bk 21985 pg 388), Affidavit As To Copy Of Appointment Of Substitute Trustees and Security Instrument Pursuant To Maryland Rules 14-207(B)(1) & (4),Non-Military Affidavit, Affidavit …
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[DOC File]Home | NYU School of Law
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Harris in MD, Epstein garnished Harris’ debt to Balk (sent Balk notice). Balk still tried to collect from Harris, claiming MD had no jurisdiction over Harris’ debt which was situated in NC. Held: Jurisdiction over garnishee confers jurisdiction on state that issues writ of garnishment. A debtor’s obligation follows with him wherever he goes.
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That decision noted the pre-REA decisions had “specifically approved of garnishment of ERISA pension plan benefits by writ of execution to satisfy spousal support arrearages,” id. at 832, and stated the legislative history of the REA “does not condemn former case law permitting distribution of pension benefits to former spouses to satisfy ...
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[DOC File]DBM Rrequest for Proposal Template
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Service of Process –The delivery of a writ or summons to a party for the purpose of obtaining jurisdiction over that party. ... Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows: ... Garnishment of accounts shall be pursued for enforcement of child support. Administrative Income ...
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[DOC File]Civil Procedure OUTLINE - HLS Orgs
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Writ of mandamus (catch-all exception): getting around the final judgment rule by bringing suit against the judge to compel him to do or not do something. Liberty Mutual Ins. v. Wetzel, 1976 (1109): P/Wetzel alleged D/LM’s insurance benefits regulations violated Title …
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[DOC File]MD Justice
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The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of each judgment debtor with respect to whom a writ is requested, and (4) the name ...
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[DOC File]Indiana Insurance Guaranty Association vs
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When the Robertsons filed a writ of garnishment against PCIGC, it defended by claiming entitlement to setoff or reductions based upon amounts the Robertsons received from other sources, for example, Blue Cross/Blue Shield, UIM payments, disability benefits, and personal injury protection.
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[DOCX File]48HrBooks Template 5.5x8.5
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The writ of garnishment is directed to the third person holding the judgment debtor’s property (often a bank or an employer). The writ directs the garnishee to file a “return” identifying any property belonging to the judgment debtor in the garnishee’s possession.
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[DOC File]IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, …
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In analyzing the issue, this Court notes that the Maryland Rules and the applicable statutes do not have consistent language. Maryland Rule 2-115 and C&J §3-302 states that a “plaintiff” is entitled to a writ of attachment before judgment whereas C&J §§3-303 and the other statutes speak of …
state of maryland garnishment law

Writ of garnishment md