OHC Liquidation Trust v. Mitchell

Filing 10

ORDER AND JUDGMENT granting OHC Liquidation Trust 9 Application/Motion for Judgment on garnishment. Judgment is entered in favor of OHC Liquidation Trust and against Robert A. Mitchell in the amount of $240.25. Chase Bank shall, pursuant to th e writ of garnishment and judgment, pay the $240.25 it owes Robert A. Mitchell to the Trust Account of Michael Zdancewicz, PLLC, for the benefit of OHC Liquidation Trust. The Clerk shall terminate this action. Signed by Judge David G Campbell on 09/18/08. (ESL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OHC Liquidation Trust, by and through ) ) Alvarez & Marsal, LLC, the OHC ) Liquidation Trustee, ) ) Judgment Creditor, ) ) vs. ) ) Robert A. Mitchell, ) ) Judgment Debtor. ) _________________________________ ) ) ) Chase Bank, ) ) Garnishee. ) ) No. MC-07-106-PHX-DGC ORDER AND JUDGMENT OHC Liquidation Trust ("OHC") obtained a judgment of more than $20,000 against Robert Mitchell in the United States Bankruptcy Court for the District of Delaware. OHC registered the judgment in this Court pursuant to 28 U.S.C. 1963. Dkt. #1. OHC now seeks to garnish funds owed to Mitchell by Chase Bank ("Chase"). Dkt. #9. A writ of garnishment and summons were served on Chase on July 9, 2007. Dkt. ##6, 8. Chase asserted in its answer to the writ that it holds $465.25 belonging to Mitchell and that $240.25 could be applied to OHC's judgment against Mitchell. Dkt. #7. Chase further asserted that on July 14, 2008, it served Mitchell with the writ and summons, the underlying judgment, Chase's answer to the writ, and a notice to judgment debtor and request for hearing form. Id. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mitchell has not filed an objection to Chase's answer to the writ. Nor has he requested a hearing or filed a response to OHC's application for judgment on garnishment. IT IS THEREFORE ORDERED: 1. OHC Liquidation Trust's application for judgment on garnishment (Dkt. #9) is granted. 2. Judgment is entered in favor OHC Liquidation Trust and against Robert A. Mitchell in the amount of $240.25. 3. Chase Bank shall, pursuant to the writ of garnishment and judgment, pay the $240.25 it owes Robert A. Mitchell to the Trust Account of Michael Zdancewicz, PLLC, for the benefit of OHC Liquidation Trust. 4. The Clerk shall terminate this action. DATED this 18th day of September, 2008. -2-

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