Roche v. Pep Boys Inc. (In re Roche)
Dec
29
2005
Ruling
Judgment creditor and its attorney willfully violated the automatic stay by failing to dismiss a prepetition bank garnishment and seek adequate protection within a reasonable time.
Procedural posture
Plaintiff debtor, in count one, sought an emergency turnover of property and release of a garnishment. Claim two sought damages for willful violation of the automatic stay due to the fact that defendants, a judgment creditor and its attorney, failed to immediately release the garnishment upon learning about the filing of the bankruptcy petition. Cross-motions for summary judgment were pending.
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Court
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