Opinion
02-21-2014
In re: YOUSSEF IBRAHIM DAKROUB, Debtor. DAVISON PLAZA SHOPPING CENTER, INC., Plaintiff, v. YOUSSEF IBRAHIM DAKROUB, Defendant.
Chapter 7
Judge Thomas J. Tucker
ORDER VACATING WRITS OF GARNISHMENT
On January 30, 2014 and February 5, 2014, the Clerk of this Court signed, issued, and filed a total of three writs of garnishment, at the request of Plaintiff Davison Plaza Shopping Center, Inc., directed to garnishees "City Trends Realty" (Docket # 24); "JP Morgan Chase Bank" (Docket # 25) and "Fidelity Investments" (Docket # 26). Fidelity Investments filed a garnishee disclosure (Docket ## 34, 36); and City Trends Realty filed a garnishee disclosure (Docket # 33). And Defendant Debtor filed objections to the writs of garnishment (Docket ## 30, 31, 32).
The Court concludes that the writs of garnishment were issued in error by the Clerk, and must be vacated. This is because this Court did not enter any money judgment against the Defendant Debtor on which a garnishment in this Court could properly be based. The "Default Judgment Against Defendant" filed on December 23, 2013 (Docket # 18) is not such a money judgment. Rather, that default judgment merely determined that a specific debt owed by Defendant to Plaintiff is nondischargeable.
Plaintiff must seek any writ(s) of garnishment in an appropriate non-bankruptcy court, such as an appropriate state court, if and when Plaintiff has obtained a money judgment in such a court against the Defendant Debtor.
Accordingly,
IT IS ORDERED that the writs of garnishment filed on January 30, 2014 and February 5, 2014 (Docket ## 24, 25, 26) are vacated.
IT IS ORDERED that the Clerk of this Court is directed not to issue any more writs of garnishment, or any writs of execution, in this adversary proceeding.
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Thomas J. Tucker
United States Bankruptcy Judge