Mims v. ComBanks Corp. (In re Mims)

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

The plaintiff in this adversary action, Jack J. Mims, filed an individual voluntary petition in bankruptcy in this Court on August 3, 1982. On July 29, 1982, i.e., within ninety (90) days of plaintiff’s filing of the petition, the defendant, ComBanks Corporation, under color of exercising its right of set-off, seized the funds in plaintiff’s savings account number 43007219, i.e., $1,143.08. The seizure was in partial satisfaction of plaintiff’s delinquent automobile loan from the defendant. The plaintiff has brought this action to recover…