Chapter 7 Success Lawyers Chicago - Motion To Avoid Lien And Turnover

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

IN RE:
JOSEPH DEBTOR
DEBTOR(S)

DEBTOR'S MOTION TO AVOID JUDICIAL LIEN
AND FOR A TURNOVER OF FUNDS

NOW COMES, JOSEPH DEBTOR, Debtor, by and through the law offices of DAVID M. SIEGEL, and states as follows:

1. That on 9/25/95, the Debtor, JOSEPH DEBTOR, filed a voluntary petition for relief under Title 11 USC.

2. That this Honorable Court has jurisdiction over this action under the provisions of Title 11 USC Section 105 and 28 USC Section 157.

3. That the employer of the Debtor, Mid-West, is holding the sum of at least $660.00, pursuant to a wage deduction summons for wages earned by the Petitioner prior to the filing of this case.

4. That JOSEPH DEBTOR is indebted for the payment costs in this proceeding and for other expenses incurred in connection therewith which the debtor is unable to pay.

5. That this is a "no asset" case and unsecured creditors in the event of a liquidation, would receive no dividend.

6. That the Petitioner, JOSEPH DEBTOR, claims that the wages withheld in a garnishment proceeding are exempt under Chapter 110, Para. 12-1--1(b) of the Illinois Revised Statutes and that the lien of Joe Creditor created by the garnishment is thus avoidable under Section 522(f)(1) and (g) of Title 11 of the United States Code.

7. That JOSEPH DEBTOR's employer, Mid-West has no interest or claim against such funds being held pursuant to the wage deduction summons and will turnover the funds upon order of the Court.

8. That the garnishment return date was subsequent to the date said Chapter 7 petition was filed and that no wage deduction order was entered.

9. That there are no other assets in the Debtor's estate not exempt by law.

10. That JOSEPH DEBTOR has executed an assignment of said funds to DAVID M. SIEGEL to be applied to the payment of attorney's fees and costs (Exhibit #1).

WHEREFORE, the Debtor, JOSEPH DEBTOR prays that the Judicial Lien of Joe Creditor be cancelled and avoided in its entirety as it impairs JOSEPH DEBTOR's exemption and that this Honorable Court order Mid-West to turnover the sum of at least $660.00, or the greater of whatever amount is currently being held to Debtor via the law office of DAVID M. SIEGEL to apply to attorney's fees and costs.

BY:________________________________
DAVID M. SIEGEL
Attorney For Debtor

DAVID M. SIEGEL
ATTORNEY FOR DEBTOR(S)

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