Bailey v. Davant (In re Bailey)
Apr
12
2010
Ruling
Debtor's spouse and spouse's attorney were jointly and severally liable for violating stay by failing to halt garnishment instituted prepetition.
Procedural posture
Chapter 13 debtor filed a complaint against defendants, his former spouse and her attorney, alleging that they violated the automatic stay under 11 U.S.C.S. § 362(a) by failing to affirmatively stop a pre-petition garnishment of his wages. The debtor filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) and Fed. R. Bankr. P. 7012.
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Court
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