Buehler v. Kenetitec Corp et al

Filing 25

ORDER on 20 Claim of Exemption. Signed by Judge Donna F. Martinez on 6/9/09. (Turner, M.)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JANE BUEHLER, Plaintiff, v. KENETITEC CORP., ET AL, Defendant.

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CASE NO. 3:08MC325(RNC)

RULING ON CLAIM OF EXEMPTION This is an action to enforce a judgment. The judgment

creditor has executed upon funds in the judgment debtor's account with Merrill Lynch. Judgment Debtor John McConnaughy, a/k/a Jack

McConnaughy, has filed a Claim of Exemption Established by Law (doc. #20), claiming that certain funds in that account are exempt from execution. The court scheduled a hearing for June 7, 2009, The

and notice of the hearing was sent to the judgment debtor. judgment debtor did not appear for the hearing. Plaintiff's

counsel was present and opposed the exemption claim. The court finds that the funds do not fall within an exemption as claimed by the judgment debtor. Merrill Lynch shall release the

funds to the judgment creditor as provided by Conn. Gen. Stat. § 52-367b. Pursuant to Conn. Gen. Stat. §52-367b(i), the clerk's

office shall send a copy of this order to Merrill Lynch at the address set forth on the Claim of Exemption (doc. #20). SO ORDERED at Hartford, Connecticut this 9th day of June 2009.

_______________/s/____________ Donna F. Martinez United States Magistrate Judge