Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Nondischargeable judgment in the amount of $341,233.00 was entered by the bankruptcy court against Chapter 7 debtor by default after which the bankruptcy case was closed. Thereafter clerk of bankruptcy court issued to judgment creditor's assignee a writ of garnishment in which the debtor's first name was incorrect. Debtor objected because the initial writ used the wrong first name for the debtor. In response the creditor filed an amended writ, and a corrected writ was issued, to which the debtor again objected. Held, (1) debtor’s wages were properly withheld by garnishee and were not refundable to debtor where initial writ issued in debtor’s incorrect first name was nevertheless valid because identifiable to judgment debtor and where an amended, corrected writ was issued timely; (2) debtor was entitled to exempt 75% of the garnished funds pursuant to the Maryland wage exemption statute (Md. Comm. Law Code §15-601.1); (3) bankruptcy court possessed subject matter jurisdiction to enforce its own nondischargeable judgments even after the underlying bankruptcy case was closed.

Entered: 
2009-12-10
Case: 
03-58769
Judge: 
James F. Schneider