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IN RE HIERS

Bankruptcy No. 3-87-01154.

76 B.R. 640 (1987)

In re Donald Groover HIERS, Debtor.

United States Bankruptcy Court, E.D. Tennessee.

August 12, 1987.

Attorney(s) appearing for the Case

Margaret Fugate, Johnson City, Tenn., for debtor Donald Groover Hiers.

Baker, Worthington, Crossley, Stansberry & Woolf, R. Louis Crossley, Jr., Knoxville, Tenn., for respondent The Original Great American Chocolate Chip Cookie Co., Inc.

MEMORANDUM ON PETITION FOR CONTEMPT

RICHARD STAIR, Jr., Bankruptcy Judge.

At issue is whether the actions of The Original Great American Chocolate Chip Cookie Company, Inc. (respondent) constitute a willful violation of the automatic stay entitling Donald Hiers (debtor) to recover damages. 11 U.S.C.A. § 362(h) (West Supp.1987).

I

On May 12, 1987, Michael J. O'Connor, an attorney, filed a Chapter 13 petition on behalf of the debtor...

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