Plaintiff (chapter 7 Debtor) sought to avoid the transfer of funds garnished from her bank account prepetition. Creditor opposed avoidance on grounds that Debtor had entered into a consent agreement for the disbursement of the funds after service of the writ of garnishment on the Garnishee. The Bankruptcy Court, Duncan W. Keir, Chief J., held that: (1) the transfer was effective at the time of service of the writ of garnishment on the depository bank; (2) the waiver of the Debtor (by the Consent to Disbursement) of her right to challenge the garnishment did not transform the involuntary act of the garnishment to a voluntary transfer for purposes of 11 U.S.C. § 522(g).
Plaintiff’s Motion for Summary Judgement granted.