Plaintiff/debtor filed an adversary complaint to avoid and recover money garnished by Allfirst Bank from debtor's employer. Both parties filed motions for summary judgment. In addition, Allfirst filed an objection to debtor's use of exemptions.
The United States Bankruptcy Court for the District of Maryland, Keir, J., found that, up to the extent of the debtor's limits on "cafeteria" exemptions not otherwise taken under 11 U.S.C. § 522, and Md. Code. Ann. Courts & Jud. Proc. § 11-504, that a debtor can utilize the trustee's avoidance powers 11 U.S.C. § 547 and § 550 to avoid garnishments made within 90 before the filing of debtor's petition in bankruptcy.
Debtor's motion for summary judgment granted. Objection of Allfirst Bank to debtor's use of exemptions denied.