Erickson v. Citizens First National Bank (In Re Erickson)

OPINION

WILLIAM V. ALTENBERGER, Chief Judge.

Before the Court is the motion for relief from the automatic stay filed by CITIZENS FIRST NATIONAL BANK OF PRINCETON (CITIZENS) to allow a post-petition setoff against monies held in the checking account of GLEN and LISA ERICKSON (DEBTORS), and the DEBTORS’ adversary proceeding against CITIZENS alleging CITIZENS violated the automatic stay of § 362 of the Bankruptcy Code, 11 U.S.C. § 362, when it seized $494.87 earned and deposited into the checking account post-petition.

Prior to the filing of their Chapter 7 petition the DEBTORS opened a joint…