Moore v. Alabama Power Co. (In re Moore)
May
28
2008
Ruling
Continued wage garnishement by garnishee was not a violation of codebtor stay by creditor that obtained the original prepetition writ.
Procedural posture
Defendant creditor filed a motion, pursuant to Fed. R. Bankr. P. 7012(b)(6), to dismiss the adversary proceeding of plaintiffs, a debtor and her cosigner, for damages for an alleged violation of the codebtor stay imposed by 11 U.S.C.S. § 1301(a) and to hold the creditor in contempt under 11 U.S.C.S. § 105.
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Court
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