IN RE ESSER

Bankruptcy No. 80-00838K.

20 B.R. 178 (1982)

In re Thomas Franklin ESSER, Margareta Nancy Esser, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

May 24, 1982.


Attorney(s) appearing for the Case

Mitchell W. Miller, Philadelphia, Pa., for debtors.

James J. O'Connell, Philadelphia, Pa., Standing Trustee.

Jason W. Manne, Asst. Counsel, Dept. of Public Welfare, Harrisburg, Pa., for Com. of Pa.


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case reaches the Court on an application to hold a creditor, the Commonwealth of Pennsylvania, in contempt for violating the automatic stay. The application also requested the Court to assess counsel fees and expunge the claim of the Commonwealth. The Court will find in favor of the debtor, however, no penalty will be imposed at this time. The Commonwealth argued that a penalty such as a fine or counsel...

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