In re Esser

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case reaches the Court on an application to hold a creditor, the Commonwealth of Pennsylvania, in contempt for violating the automatic stay. The application also requested the Court to assess counsel fees and expunge the claim of the Commonwealth. The Court will find in favor of the debtor, however, no penalty will be imposed at this time. The Commonwealth argued that a penalty such as a fine or counsel fees could not be imposed by this Court. Counsel for the parties, therefore, will be directed to file memoranda of law on this issue.1

There…