Judge: Layne H. Melzer, Case: 2015-00767454, Date: 2023-06-15 Tentative Ruling

Plaintiff American First Credit Union

Opposition to Claim of Exemption

The Court is inclined to release some or all of the savings account monies to the creditor.  Debtor’s financial statement suggests he is deficit spending each and every month due in part to approximately $400 in monthly credit card debt. But there is no reason why this more recent consumer debt should be given preference over the judgment creditor’s antecedent debt incurred more than a decade ago --particularly where it can be done with accumulated savings.  In this regard, the financial statement identifies approximately $8000 in such savings.  This ability to accumulate discretionary savings appears inconsistent with representations in the financial statement to the effect that debtor spends more each month to live than he takes home in income.