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BETTER HOMES OF VA. v. BUDGET SERVICE CO.

Civ. A. Nos. 85-312-N, 85-353-N.

52 B.R. 426 (1985)

BETTER HOMES OF VIRGINIA, INC., Plaintiff, v. BUDGET SERVICE COMPANY, et al, Defendants. In re BETTER HOMES OF VIRGINIA, INC., a/k/a A-1 Enterprises, Inc., a/k/a A-1 Supply Company, Inc., a/k/a A-1 Commercial Roofing, Inc.

United States District Court, E.D. Virginia, Norfolk Division.

August 23, 1985.

Attorney(s) appearing for the Case

Michael S. Weisberg, Norfolk, Va., for plaintiff.

R. Clinton Stackhouse, Jr., Stackhouse, Rowe & Smith, Norfolk, Va., Stephen F. Shames, Shames & Byrum, Chesapeake, Va., for defendants.

OPINION AND ORDER

DOUMAR, District Judge.

This appeal from the United States Bankruptcy Court for the Eastern District of Virginia concerns the statutory and constitutional authority of a bankruptcy judge to enforce the automatic stay provisions of 11 U.S.C. § 362(a) by the use of civil contempt proceedings.

The Bankruptcy Court found that the actions of the defendant constituted civil contempt and, under 11 U.S.C. § 362(h), awarded to...

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