Harbin v. Brooks (Harbin)

MEMORANDUM OPINION AND ORDER

WILLIAM B. LEFFLER, Bankruptcy Judge.

In this Chapter 7 proceeding the debtor, Olen C. Harbin, dba Harbin Auto Sales, filed a complaint against the defendant, J. Hall Brooks, dba Brooks Auto Service (hereinafter “Brooks”) for injunctive relief, for monetary damages, and to hold the creditor in contempt for issuing a garnishment on certain escrow funds. The Court finds that the complaint should be dismissed for reasons set forth hereinafter.

Brooks obtained a judgment against the debtor in the Chancery Court of Hardeman County, Tennessee on September 15, 1980, and…