Nelson v. First National Bank & Trust Co. (In Re Nelson)

MEMORANDUM OF DECISION

STATEMENT OF THE CASE

ROBERT B. MORTON, Bankruptcy Judge.

Nelson’s complaint seeks a determination that First National is in contempt for violating the automatic stay provisions of the Bankruptcy Code 1 and an order directing First National to return certain funds appropriated from the Nelson checking account and for reimbursement of Nelson’s filing fee in respect of the instant complaint.

Nelson and his wife, Helen Nelson, opened a joint account with First National on March 3, 1980 by depositing $357.70. The signature card was signed by both Nelson and his wife. 2 On March…