In Re Chambers

451 B.R. 621 (2011)

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Nature of the Case

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Facts

D filed a chapter 13 petition. D was running a campaign for re-election as a Georgia State Representative. D did not incorporate her campaign. Prior to the bankruptcy filing, Miami Circle filed a garnishment order which froze D's bank accounts, including her campaign funds account. D filed chapter 13 in an attempt to free the campaign funds from garnishment, make them available to her campaign, and shield them from the reach of her personal creditors, including Miami Circle. The court held a hearing and ordered for the campaign account to be placed in trust by a Chapter 13 trustee. The court then held a hearing to determine whether the campaign funds were the property of the estate.