Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 526 Filed 08/28/2007 Paget of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
INDYMAC BANK, F.S.B., CIVIL ACTION NO.
Plaintiff, : 3:00CV835(CFD)
MOSTAFA REYAD and WAFA REYAD, AUGUST 28, 2007
Defendants.
OPPOSITION TO MOTION TO HOLD PLAINTIFF’S ATTORNEY IN CONTEMPT
Plaintiff IndyMac Bank, F.S.B. submits the instant memorandum in opposition to
Defendants’ Motion to Hold Plaintiff’s Attorney in Contempt dated August 7, 2007 (doc.
# 518). Defendants erroneously contend that Plaintiffs counsel transferred the
proceeds of Defendant Wafa Reyad’s New England Financial annuity policy to Plaintiffs
account before this Court has ruled upon Defendants’ claim that such asset is exempt
from execution. Such is not the case. In accordance with Conn. Gen. Stat. § 52-
356a(a)(4)(C), New England Financial, apparently unaware that Defendants had
claimed the asset was exempt from execution,1 delivered to the Marshal the subject
funds following the expiration of the statutory twenty day waiting period. As noted in .
Plaintiffs Consolidated Memorandum in Opposition to Defendants’ Motion for
Exemptions and In Support of Cross Motion for Turnover Order dated August 7, 2007,
at p. 2, fn. 3, the Marshal is holding all contested funds levied, including the funds
1 Section 52-361b(d) provides that, upon receipt of the judgment debtor’s notice of
claimed exemption, the clerk of the court shall give notice of the exemption claim and
the date of hearing on such claim to the third person holding defendant’s property
subject to the claimed exemption. The judgment creditor, IndyMac in this case, has no
responsibility to notify the third person ofthe claimed exemption.

Case 3:00-cv-00835-CFD Document 526 Filed 08/28/2007 Page 2 of 3
forwarded by New England Financial, pending this Court’s ruling on Defendants’
claimed exemptions. Thus, Plaintiff has not received any contested funds to date.
WHEREFORE, Defendants Motion to Hold Plaintiffs Attorney in Contempt
should be denied.
PLAINTIFF lNDYMAC BANK,_F.S.B. é
David R. Scha fer (ct04334) l
Rowena A. Moffett (ct19811)
BRENNER, SALTZMAN & WALLMAN LLP (
lts Attorneys l
271 Whitney Avenue ’
New Haven, CT 06507-1746
Tel. (203) 772-2600
Fax. (203) 562-2098 l
Email: [email protected]
[email protected]
9Z4946.DOC 2

Case 3:00-cv-00835-CFD Document 526 Filed 08/28/2007 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a true and accurate copy of the foregoing was served by
United States first—cIass mail and by electronic mail this 28th day of August, 2007 upon:
I\/Iostafa Reyad I
2077 Center Ave
#22D
Fort Lee, NJ 07024
[email protected] 1
Wafa Reyad
2077 Center Ave
#22D I
Fort Lee, NJ 07024
[email protected]. i
Rowena A. Moffett (ct19811)
i
924946.DoC 3