Question
15-7. Garnishment. Grand Harbour Condominium Owners Association, Inc., obtained a judgment in an Ohio state court against Gene and Nancy Grogg for $45,458. To satisfy
15-7. Garnishment.
Grand Harbour Condominium Owners Association, Inc., obtained a judgment in an Ohio state court against Gene and Nancy Grogg for $45,458. To satisfy the judgment, Grand Harbour filed a notice of garnishment with the court, seeking funds held by the Groggs in various banks. The Groggs disputed Grand Harbour's right to garnish the funds. They claimed that the funds were exempt Social Security and pension proceeds, but they offered no proof of this claim. The banks responded by depositing $23,911 with the court. These funds were delivered to Grand Harbour. Later, the Groggs filed a petition for bankruptcy in a federal bankruptcy court and were granted a discharge of debts. The Groggs then filed a "motion to return funds to debtors" but provided no evidence that their debt to Grand Harbour had been included in the bankruptcy discharge. What is Grand Harbour's best argument in response to the Groggs' motion? [Grand Harbour Condominium Owners Association, Inc. v. Grogg, 2016 -Ohio- 1386 (Ohio Ct.App. 2016)] (See Laws Assisting Creditors.)
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