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IN RE GUNTHER

Civ. No. 94-0511-R.

174 B.R. 700 (1994)

In re George M. GUNTHER, Debtor. SALEM BANK & TRUST, N.A., Appellant, v. George M. GUNTHER, Appellee.

United States District Court, W.D. Virginia, Roanoke Division.

November 4, 1994.

Attorney(s) appearing for the Case

Paul A. Driscoll, Andrew S. Goldstein, Roanoke, VA, for appellant.

Eric Roland Spencer, Roanoke, VA, for debtor/appellee.

MEMORANDUM OPINION

WILSON, District Judge.

The United States Bankruptcy Court found that Salem Bank & Trust ("Salem Bank") wilfully violated the automatic stay of 11 U.S.C. § 362 and entered a $3000 judgment against it in favor of the bankrupt debtor, George M. Gunther, under the provisions of § 362(h). This appeal by Salem Bank questions the bankruptcy court's authority to permit, without a finding of excusable neglect under Bankruptcy Rule...

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