Legal Opinion
Bailey v. Davant (In Re Bailey)
United States Bankruptcy Court, N.D. West Virginia
Decided April 12, 2010No. Bankruptcy No. 09-2564. Adversary No. 10-5PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
Jamie Alan Bailey (the “Debtor”) seeks judgment on the pleadings on the grounds that his former spouse, Shannan Davant, and/or her attorney, Douglas Cornelius, have violated the automatic stay of the Bankruptcy Code by failing to affirmatively stop a pre-petition garnishment of his wages.
For the reasons stated herein, the court will grant the motion and set a further hearing on damages.
I. STANDARD OF REVIEW
Under Fed.R.Civ.P. 12(c), Fed. R. Bankr.P. 7012, “[a]fter the pleadings are closed — but early enough not to delay trial — a party may…
2Cases cited10 opinions
- Burbach Broadcasting Company of Delaware v. Elkins Radio Corporation Cat Radio IncorporatedCourt of Appeals for the Fourth Circuit · 2002
- Elder v. City of Thomasville (In Re Elder)United States Bankruptcy Court, M.D. Georgia · 1981
- Catherine Norwood Winters, Acting by and Through Her Attorney-In-Fact, Toni Louise McMahon v. George Mason Bank Robert O. Tyler, TrusteeCourt of Appeals for the Fourth Circuit · 1996
- Roche v. Pep Boys, Inc. (In Re Roche)United States Bankruptcy Court, N.D. Georgia · 2005
- In Re BriskeyUnited States Bankruptcy Court, M.D. Alabama · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Williams-NoblesUnited States Bankruptcy Court, E.D. Virginia · 2011
- In re Frank Ragone, Jr.Court of Appeals for the Sixth Circuit · 2021
- Lockhart v. Washington County Child Support Enforcement AgencyUnited States Bankruptcy Court, N.D. West Virginia · 2021
- Valentine v. ValentineUnited States Bankruptcy Court, E.D. Missouri · 2020
- Valentine v. ValentineUnited States Bankruptcy Court, E.D. Missouri · 2020
1 more not listed; retrieve them via the Exa API.