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§ 362(b)(11)

In re Kearns

Mar
30
2010
Ruling
Presentment of debtor's post-dated check did not violate stay.
Procedural posture

Debtor filed a Motion for Determination of Contempt, in which he alleged one of his creditors violated the automatic stay in effect in his bankruptcy case. Debtor sought recovery of damages from the creditor as a sanction pursuant to 11 U.S.C.S. §§ 362(k)(1), 105(a). The creditor objected to the motion.

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Consumer opinion summary, case decided on March 30, 2010 , LexisNexis #0610-108
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Davison v. Kanipe

Feb
05
2009
Ruling
Postpetition negotiation of prepetition check did not violate stay where creditor returned funds upon notice of filing.
Procedural posture

Appellant debtor challenged an order of the United States Bankruptcy Court for the Eastern District of Tennessee that denied her motion to declare a violation of the automatic stay under 11 U.S.C.S. § 362, to impose sanctions against appellee creditor, a check cashing service that negotiated, postpetition, a pre-petition check she had written pursuant to the Deferred Presentment Services Act, authorized by Tenn. Code Ann. § 45-17-101 et seq.

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Consumer opinion summary, case decided on February 05, 2009 , LexisNexis #0309-040
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