Chapter 13 Bankruptcy Trustee Cannot Compel Turnover of Funds Garnished Pre-Petition

Unlike chapter 7, a chapter 13 trustee does not have the power to control debtor’s assets until plan is confirmed. Then, the trustee is still only able to do so as provided in the terms of the confirmed plan. Until then, the chapter 13 debtor may remain in control of all property of the estate.

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