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IN RE BARNETT

Bankruptcy No. 81-40388, Adv. No. 81-0188.

15 B.R. 504 (1981)

In re Marcia Kay BARNETT a/k/a Marcia K. Barnett, Debtor. Marcia Kay BARNETT a/k/a Marcia K. Barnett, Plaintiff, v. K-MART, For Kids Only and Robert E. Davis, Leavenworth County Attorney, Defendants.

United States Bankruptcy Court, D. Kansas.

November 19, 1981.

Attorney(s) appearing for the Case

Byron C. Loudon, Carl S. Black, McDowell, Rice & Smith, Kansas City, Kan., for debtor.

William E. Pray, Chief Deputy County Atty., Leavenworth, Kan., for defendant Davis.

Lloyd C. Swartz, Topeka, Kan., Trustee.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The debtor, Marcia Kay Barnett, filed a motion seeking an order to show cause why the Leavenworth Kansas County Attorney should not be held in contempt for violating the automatic stay provided by § 362 of the Code, for filing three criminal complaints against the debtor after the debtor filed a chapter 13 petition and plan.

The County Attorney, Robert E. Davis, replied alleging no...

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