The bankruptcy court denied the debtors’ motion for turnover of funds from a pre-petition garnishment because the garnishment must first be avoided through an adversary proceeding. The court also denied the debtors’ request for sanctions under §362(k) for willful violation of the automatic stay for not releasing the garnishment upon learning of the bankruptcy case. The court noted that debtors and creditors share responsibility for getting garnishments released. Here, the court found it to be a failure of the parties to communicate about stopping the garnishment rather than a willful violation.
Date:
Tuesday, March 10, 2026
Judge:
Judge Brian S. Kruse
