United States Bankruptcy Court, M.D. Tennessee August 13, 1985, Bankruptcy 382-01101 (Credit Bureau of Hopkinsville, Inc. v. Richardson (In Re Richardson))

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a Chapter 7 debtor can exempt and recover funds garnished from the debtor three years before bankruptcy, but still held by the clerk of the state court at the time of the petition. Based on our interpretation of the Kentucky law of garnishment and guided by this court’s decision in

In re Perry,

48 B.R.