Adams v. First Franklin Fin. Corp. (In re Adams)

John T. Laney, III, United States Bankruptcy Judge

This matter comes before the Court on the Motion of the Debtor for Contempt ("the Motion") (Dkt. No. 11). In the Motion, the Debtor contends First Franklin Financial Corp. ("First Franklin") violated the automatic stay by retaining a payment the Debtor made voluntarily on a pre-petition debt and by crediting that payment to its pre-petition claim against the Debtor. The Debtor seeks an order directing the respondent to immediately return the check1 and an award of actual and punitive damages.

The Court held a hearing on the Motion on August 22,…