Filed: Dec. 26, 2018
Latest Update: Dec. 26, 2018
Summary: MEMORANDUM DECISION AND ORDER GRANTING AND DENYING IN PART NELDON JOHNSON'S MOTION FOR LIMITED RELIEF FROM ASSET FREEZE ORDER DAVID NUFFER , District Judge . Defendant Neldon Johnson filed a motion ("Motion") 1 for limited relief from the asset-freeze orders 2 (the "Asset Freeze") with respect to $4,358.18 in funds that the Receiver collected from an account ending in 9233 at the Bank of American Fork (the "Account") because, according to Johnson, he receives and holds Social Security inc
Summary: MEMORANDUM DECISION AND ORDER GRANTING AND DENYING IN PART NELDON JOHNSON'S MOTION FOR LIMITED RELIEF FROM ASSET FREEZE ORDER DAVID NUFFER , District Judge . Defendant Neldon Johnson filed a motion ("Motion") 1 for limited relief from the asset-freeze orders 2 (the "Asset Freeze") with respect to $4,358.18 in funds that the Receiver collected from an account ending in 9233 at the Bank of American Fork (the "Account") because, according to Johnson, he receives and holds Social Security inco..
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MEMORANDUM DECISION AND ORDER GRANTING AND DENYING IN PART NELDON JOHNSON'S MOTION FOR LIMITED RELIEF FROM ASSET FREEZE ORDER
DAVID NUFFER, District Judge.
Defendant Neldon Johnson filed a motion ("Motion")1 for limited relief from the asset-freeze orders2 (the "Asset Freeze") with respect to $4,358.18 in funds that the Receiver collected from an account ending in 9233 at the Bank of American Fork (the "Account") because, according to Johnson, he receives and holds Social Security income benefits in the Account.
Johnson has not (1) credibly shown that all funds in the Account are traceable to Social Security payments,3 or (2) provided adequate assurance that the only future deposits in the Account will be from Social Security.4
Therefore, based on the arguments and evidence submitted,1 and for good cause appearing,
IT IS HEREBY ORDERED that the Motion1 is GRANTED in part and DENIED in part as follows:
1. The Receiver shall pay $1,386 (for the Social Security payment dated August 22, 2018) to Johnson in funds collected from the Account. This $1,386 is released from the Asset Freeze.
2. The Receiver shall retain the remaining $2,972.18 collected from the Account because Johnson has not shown that those funds are traceable to Social Security payments. This $2,972.18 shall remain subject to the Asset Freeze.
3. The only permissible deposits into the Account shall be funds received from Social Security. So long as the only deposits into the Account are funds received from Social Security, the Account shall be released from the Asset Freeze. To show that no other deposits are made into the Account, Johnson shall deliver to the Receiver a monthly bank statement for the Account by no later than the seventh day of each following month.
