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Legal Opinion

In Re Passmore

United States Bankruptcy Court, E.D. Wisconsin

Decided July 19, 1993No. 08-27223PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM DECISION

M. DEE McGARITY, Bankruptcy Judge.

ISSUE

This case involves the postpetition garnishment of wages earned by the nondebt- or spouse of a voluntary Chapter 7 debtor in a community property state.

A continuing garnishment, instituted by creditors against the debtor’s spouse’s marital property wages prior to filing and continuing after filing, clearly resulted in a violation of the automatic stay as to postpe-tition wages. 11 U.S.C. § 362(a)(1), (5), (6); § 102(2). The debtor had a property interest in his wife’s wages, and the garnishment resulted in the taking of that property…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Bankr. L. Rep. P 69,953 in the Matter Of: Arthur R. Matthews, Jr., Debtor-Appellant v. Martin J. Rosene and John K. KneafseyCourt of Appeals for the Seventh Circuit · 1984
  3. Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1985
  4. In Re GrayUnited States Bankruptcy Court, N.D. Illinois · 1989
  5. Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re TimbsUnited States Bankruptcy Court, E.D. Tennessee · 1994
  2. Chase Lumber & Fuel Co. v. Koch (In Re Koch)United States Bankruptcy Court, W.D. Wisconsin · 1996
  3. In Re BallardUnited States Bankruptcy Court, M.D. Louisiana · 1999
  4. In Re PageUnited States Bankruptcy Court, W.D. Wisconsin · 1994
  5. Alarcon v. Commercial Credit Corp. (In Re Alarcon)United States Bankruptcy Court, D. New Mexico · 1995

13 more not listed; retrieve them via the Exa API.

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