IN RE MACK

Bankruptcy No. 84-00970G, Adv. No. 84-1246G.

46 B.R. 652 (1985)

In re Joyce MACK and Frederick Mack, Debtors. Joyce MACK and Frederick Mack, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 27, 1985.


Attorney(s) appearing for the Case

Oscar N. Gaskins, Philadelphia, Pa., for debtors/plaintiffs, Joyce Mack and Frederick Mack.

Roger T. Margolis, Dept. of Public Welfare, Harrisburg, Pa., for defendant, Com. of Pa., Department of Public Welfare.

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


OPINION

EMIL F. GOLDHABER, Chief Judge:

The first of two issues before us arising under the debtors' complaint for contempt is whether a creditor, a state agency, violated the automatic stay imposed by 11 U.S.C. § 362(a) of the Bankruptcy Code ("the Code") by refusing to forward the husband-debtor's federal income tax refund to him when the creditor received the check after the filing of the chapter 13 petition although the refund is allocable to prepetition...

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