Monday, March 09, 2015

Eighth Circuit: Brandon Pierce v. Collection Associates, Inc.

Co-petitioner in bankruptcy does not have standing to challenge pre-petition transfer of co-petitioner.

As the amount of wages garnished prior to the filing of the partition was under the statutory cap of $600, the garnishment can't be avoided by the petitioner.

Dissent: As garnishor is assigned value of the wages upon earning, the amount of the garnishment exceeds the cap.



Brandon Pierce  v.  Collection Associates, Inc.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.