Bankr. No.:
01-30117
Adv. No.:
05-3007
Chapter:
13
Date of Decision:
March 31, 2006
Issue:
On a summary judgment motion, whether creditor violated the automatic stay by instituting a post-confirmation garnishment to collect a post-petition debt?
Ruling:
The creditor did not violate the automatic stay when it obtained a judgment for its post-petition debt but it did violate the stay when it commenced the garnishment action since the garnishment affected wages, which were property of the bankruptcy estate.
Full Bankruptcy Court Decision:
