IN RE MOREIRA

Bankruptcy No. 94-43553-JFQ. Adv. No. 94-4278.

173 B.R. 965 (1994)

In re Sandra L. MOREIRA, Debtor. Sandra L. MOREIRA, Plaintiff, v. DIGITAL EMPLOYEES FEDERAL CREDIT UNION, Alan Prindel, Vice President, and Brian W. Ducharme, Collection Manager, Defendants.

United States Bankruptcy Court, D. Massachusetts.

November 4, 1994.


Attorney(s) appearing for the Case

Helene B. Page, Worcester, MA, for Sandra L. Moreira.

Peter C.L. Roth, Bingham, Dana & Gould, Boston, MA, for Digital Employees' Federal Credit Union.


OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

This case raises three questions: Is it a violation of the automatic stay for a credit union to "freeze" a debtor's deposit account for the purpose of preserving the credit union's claimed right of setoff against the debtor's loan indebtedness? May the account now be set off against the entire debt balance even though at the filing the debtor was current on her...

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