In Re Bracy

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

On September 7, 1976, Thomas Palmer brought an action in the state court against Russell R. Bracy to recover damages for the personal injuries suffered by Palmer in an automobile accident. On September 22, 1976, Bracy filed a petition in bankruptcy and named Palmer as a creditor. The filing of the petition automatically stayed the state court action. Fed.R.Bankr.P. 401(a). Notwithstanding the stay, Palmer, on December 13, 1976, secured a default judgment against Bracy. On January 7, 1977, the discharge of bankrupt was filed. It had the effect of…