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In re Michael J. Groetken and Amy L. Groetken

Bankr. No.: 
05-40215
Chapter: 
7
Date of Decision: 
June 15, 2005
Issue: 
Whether Debtors were entitled to some pre-petition wages that were obtained by a creditor on the petition date under a garnishment and whether Debtors were entitled to any damages for the creditor’s violation of the automatic stay?
Ruling: 
The wages were property of the bankruptcy estate and were properly paid over by the garnishing creditor to the case trustee. Debtors could not exempt them. Debtors also failed to show they had any damages from the creditor’s violation of the stay or that any violation had been willful.
Full Bankruptcy Court Decision: