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In re Dickerson

Name
IN RE: Demetrius Bertrand DICKERSON, Sr., Debtor.
Attorney(s)
Jason D. Anderson, Anderson Law of King County, PLLC, Christina L. Henry, Henry & DeGraaff, PS, Seattle, WA, for Debtor., Marc Rosenberg, Lee Smart, P.S., Inc., Seattle, WA, for Creditor., This matter is before me on the Motion for Sanctions for Discharge Violation ("Motion for Sanctions," Dkt. No. 24) filed by Demetrius Bertrand Dickerson Sr. ("Debtor ") against Merchants Creditor Corporation ("Merchants "). Debtor asserts that Merchants violated the discharge injunction under 11 U.S.C. § 524(a)(3) by garnishing the wages of his non-debtor spouse, Shirley Jerine Dickerson ("Mrs. Dickerson "). On October 11, 2017, Merchants filed a response, asserting that the debt owed by Mrs. Dickerson was not protected from the Debtor's discharge injunction on grounds that it was incurred by the non-debtor spouse prior to marriage. I heard argument on the Motion for Sanctions on October 18, 2018. I ruled that Merchants violated the discharge injunction and set an evidentiary hearing to determine whether sanctions should be imposed. Determination of the amount of any sanctions to be imposed was reserved until the determination of whether sanctions are appropriate. The evidentiary hearing was held on December 13, 2019, and I took the matter under advisement. Having considered the presented evidence and arguments of counsel, and otherwise having good cause, I deny the Motion for Sanctions.

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