[tg124]

Hi,
I colected on a garnishment via a bank after the 28 day waiting period. Debtor had not filed for bankruptcy and all papers done properly. I've been told that if the debtor files bankruptcy after the money has been given to me by the bank that I may have to give it back if they file within a 90 post guarnishment window. Any truth to this. I have been sent a check by the bank for in excess of 10,000.00 and deposited it asap. The debtor never bothered to make a court objection in the proper time and had not filed for bankruptcy prior to payment. Thanks in advance from Michigan.

[George_1950]

Check this: "The return of preferential payments under 11 U.S.C. § 547 of the Bankruptcy Code is for the fair and equal treatment of all unsecured creditors. Reclamation of such payments is intended to redistribute the bankruptcy estate's assets equitably among all of the unsecured creditors." Bankruptcy Preference Defense