Case No. 05-60292 JPK.United States Bankruptcy Court, N.D. Indiana, Hammond Division.
October 27, 2005
ORDER FOR HEARING
PHILIP KLINGEBERGER, Bankruptcy Judge
On October 18, 2005, the Trustee filed a “Trustee’s Verified Motion and Summons on Proceedings Supplemental to Execution to Garnishee-Defendant”, which seeks to initiate proceedings supplemental to execution with respect to an order entered by the Court on July 20, 2005. That order was a “turnover order” which required the debtor to turn over to the Trustee 100% of a 2004 tax refund in the amount of $5,522.00. That order is what it is and it connotes what it connotes, but it is definitely not a monetary judgment in favor of the Trustee, but rather only an order which compels the debtor to undertake certain action. The Trustee is proceeding under Fed.R.Bankr.P. 7069/Fed.R.Civ.P. 69(a), which provides for process to “enforce a judgment for the payment of money”. The Court has grave doubts whether a turnover order satisfies the requirements of the foregoing rules, and thus, whether the Trustee’s motion filed on October 18, 2005 is a legitimate procedural mechanism.[1]
IT IS ORDERED that a hearing will be held on November 18, 2005at 1:00 P.M. to discuss the procedural propriety of a proceeding supplemental to execution under the circumstances outlined above.