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SHAH v. BALOCH

No. 1 CA-CV 15-0812.

418 P.3d 902 (2017)

Syed Bashir Ahmed SHAH, an individual, Plaintiff/Judgment Creditor/Appellant, v. Abdul J. BALOCH aka Zahid Bhurgi, an individual, Defendant/Judgment Debtor/Appellee, Wells Fargo Bank, N.A., Garnishee/Appellee.

Court of Appeals of Arizona, Division 1.

FILED October 12, 2017.

Attorney(s) appearing for the Case

Windtberg & Zdancewicz, PLC, Tempe, By Michael J. Zdancewicz , Marc Windtberg , Counsel for Plaintiff/Judgment Creditor/Appellant.

The Collins Law Firm, PLLC, Mesa, By Ernest Collins, Jr. , Counsel for Defendant/Judgment Debtor/Appellee.

Snell & Wilmer, LLP, Phoenix, By Rebekah Elliott , Carlie Tovrea Counsel for Garnishee/Appellee.

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Margaret H. Downie and Judge John C. Gemmill joined.

OPINION

¶ 1 Syed Bashir Ahmed Shah appeals the superior court's order quashing garnishment of funds Shah alleges a debtor fraudulently transferred into a retirement plan. Because Shah's claim does not fall within the limited exceptions to the federal law barring recovery from a qualified retirement plan, we affirm...

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