IN RE STERN

Bankruptcy No. 80-00350G, Adv. No. 80-0764G.

9 B.R. 747 (1981)

In re Jack S. STERN, individually and trading as J.S. Stern, Goodman's Quality Shop and The Stern Shop, Debtor. CENTRAL PENN NATIONAL BANK, Plaintiff, v. Jack S. STERN, individually and trading as J.S. Stern, Goodman's Quality Shop and The Stern Shop, and Samuel Alper, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 4, 1981.


Attorney(s) appearing for the Case

Robert A. Kargen, Philadelphia, Pa., for plaintiff Central Penn Nat. Bank.

Martin S. Goodman, Philadelphia, Pa., for debtor, Jack S. Stern, individually and trading as J.S. Stern, Goodman's Quality Shop and The Stern Shop.

Samuel Alper, Philadelphia, Pa., Trustee.

Adelman & Lavine, Philadelphia, Pa., for trustee, Samuel Alper.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The preliminary issue in this case is whether the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code") enjoins action by a prepetition secured creditor against property which the debtor has claimed as exempt. We conclude that it does and will therefore deny the trustee's motion to dismiss the secured creditor's complaint seeking relief from the stay.

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