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IN RE HERNANDEZ

BAP Nos. SC-12-1209-JuMkPa, SC-12-1217-JuMkPa. Bankruptcy No. 11-15921.

483 B.R. 713 (2012)

In re Jose J. HERNANDEZ, Debtor. Collect Access LLC, Appellant, v. Jose J. Hernandez, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 14, 2012.

Attorney(s) appearing for the Case

Tappan Zee, Esq. , Zee Law Group, P.C. argued for appellant Collect Access LLC. Jorge Halperin, Esq. and Elizabeth P. Swiller, Esq. , submitted on brief for appellee Jose J. Hernandez.

Before: JURY, MARKELL, and PAPPAS, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Appellant-creditor, Collect Access LLC (Collect), levied on funds in chapter 71 debtor's deposit account in the amount of $712.39. Twenty days later, debtor filed his bankruptcy petition and claimed the funds exempt. Debtor sought an ex parte turnover order requiring Collect to surrender the funds. The bankruptcy court found that debtor had an interest in the funds despite the levy and ordered...

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