IN RE BLASCO. The above mentioned instance came prior to the Court from the defendant’s movement for summary judgment filed on August
The above mentioned case came prior to the Court in the defendant’s movement for summary judgment filed on August 1, 2006, in reaction to your debtor-plaintiff’s grievance alleging the creditor-defendant violated the automatic stay [i.e. 11 U.S.C. В§ 362(a)] by cashing the plaintiff’s check after she filed a petition for relief under Chapter 13 for the U.S. Bankruptcy Code. The defendant avers it failed to break the automated stay because regarding the exclusion supplied in 11 U.S.C. В§ 362(b)(11). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. The Court heard dental arguments on September 12, 2006 and directed the events to register extra briefs coping with if the check at problem qualified as being an instrument that is negotiable. For the reasons stated below, the Court discovers the motion for summary judgment is born to be ISSUED.
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