Judge: Layne H. Melzer, Case: 01CC01440, Date: 2022-08-11 Tentative Ruling

Judgment Creditor Judgment Recovery Assistance, Llc
Motion - Other (Motion to Attach Spousal Wages)

Judgment Creditor Recovery Assistance, LLC’s motion for order garnishing wages of judgment debtor Mark Ferry’s spouse, Flordeliza Bantilan Labsores, is denied without prejudice.

There is no proof of service of the motion and no response or opposition has been filed.

Moreover, the court previously continued another motion for further information about the status of Judgment Debtor’s bankruptcy proceedings and whether Judgment Creditor has obtained relief from stay.  These concerns apply to the pending motion as well.

In bankruptcy proceedings, the “property of the estate” includes “[a]ll interests of the debtor and the debtor’s spouse in community property as of the commencement of the case that is—(A) under the sole, equal, or joint management and control of the debtor; or (B) liable for an allowable claim against the debtor, or for both an allowable claim against the debtor and an allowable claim against the debtor’s spouse, to the extent that such interest is so liable.” (11 U.S.C. § 541(a).) Bankruptcy courts have held that “all funds or assets classified as marital property in which the debtor has an interest are protected by the automatic stay . . . .” (In re Passmore (Bankr. E.D. Wis. 1993) 156 B.R. 595, 599.)