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IN RE STRUMPF

No. 92-1519.

37 F.3d 155 (1994)

In re David STRUMPF, Debtor. CITIZENS BANK OF MARYLAND, Plaintiff-Appellee, v. David STRUMPF, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1994.

Attorney(s) appearing for the Case

ARGUED: John Randall Owen, Jr., John R. Owen, Jr. & Associates, P.C., Hyattsville, MD, for appellant. Matthew A. Egeli, Hartman & Crain, Annapolis, MD, for appellee. ON BRIEF: C. Edward Hartman, III, Hartman & Crain, Annapolis, MD, for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Senior Judge CHAPMAN concur.

OPINION

WIDENER, Circuit Judge:

This case presents an issue of first impression on the same facts in the courts of appeal, although the Third and Eighth Circuits have considered similar fact situations, as have we. It is whether a bank violates the automatic stay of 11 U.S.C. § 362(a) by...

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