Johnson v. Chetto (In Re Chetto)

MEMORANDUM OPINION

CAROL A. DOYLE, Bankruptcy Judge.

The court has reconsidered its oral ruling of October 31, 2001 denying the debt- or’s motion to dismiss the complaint in this adversary proceeding. The question presented is whether a wage deduction order entered more than ninety days before the filing of a Chapter 7 bankruptcy case may be enforced postpetition when the underlying debt has been discharged. The court concludes that, under Local Loan Co. v. Hunt, 292 U.S. 234, 54 S.Ct. 695, 78 L.Ed. 1230 (1934), the answer is no.

A.Background

Plaintiff Michael Johnson obtained a judgment against…