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IN RE EDGINS

BAP No. NC-82-1402 Vase, Bankruptcy No. 1-82-00881, Adv. No. 1-82-0535.

36 B.R. 480 (1984)

In re William F. EDGINS, Debtor. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant-Appellant, v. William F. EDGINS, Plaintiff-Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 13, 1984.

Attorney(s) appearing for the Case

James E. Armstrong and Harold R. Lichterman, San Francisco, Cal., for defendant-appellant.

Philip M. Arnot, Eureka, Cal., for plaintiff-appellee.

Before VOLINN, ASHLAND and ELLIOTT, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

The Bank of America appeals from an order holding the bank in contempt for violation of the automatic stay. The question presented is, may the bank, a creditor of the debtor, defer withdrawal of funds from debtor's account without violating the 11 U.S.C. Section 362 stay? We hold that the bank may defer access to the account and accordingly reverse.

I. FACTS

On July 9, 1982, the debtor, William F. Edgins...

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