MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

JAMES J. ROBINSON, Bankruptcy Judge.

The above mentioned instance came ahead of the Court regarding the defendant’s motion for summary judgment filed on August 1, 2006, in reaction towards the debtor-plaintiff’s complaint alleging the creditor-defendant violated the stay that is automatic.e. http://www.badcreditloanzone.com/payday-loans-ny 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 associated with 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 whether or not the check at issue qualified as an instrument that is negotiable. Continue reading “MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT”