- 11 U.S.C.
In re Garner
May
28
2010
Ruling
Bank's refusal to allow account to be closed prior to petition date resulting in postpetition overdraft charges did not violate stay.
Procedural posture
The creditor bank was ordered to appear and show cause why it should not be found to have violated the automatic stay and be subject to monetary sanctions. The issue was whether creditor bank violated the stay by not allowing the debtors checking account to be closed on a date prior to the filing of the petition, which resulted in the accumulation of postpetition overdraft charges and miscellaneous fees totaling $537.71.
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Court
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