Central Penn National Bank v. Stern (In Re Stern)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The preliminary issue in this case is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code (“the Code”) enjoins action by a prepetition secured creditor against property which the debtor has claimed as exempt. We conclude that it does and will therefore deny the trustee’s motion to dismiss the secured creditor’s complaint seeking relief from the stay.

The facts of the instant case are as follows: 1 Central Penn National Bank (“Central Penn”) is a secured creditor of Jack S. Stern (“the debtor”) holding liens on certain real…