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IN RE CUEVAS

Bankruptcy No. 96-15140.

205 B.R. 457 (1997)

In the Matter of Ivan A. CUEVAS, Jr., Debtor.

United States Bankruptcy Court, D. New Jersey.

February 25, 1997.

Attorney(s) appearing for the Case

Seymour Wasserstrum, Vineland, NJ, for Debtor.

Alfred J. Verderose, Department of Law, Associate City Solicitor, Vineland, NJ, for City of Vineland.

AMENDED OPINION

JUDITH H. WIZMUR, Bankruptcy Judge.

Debtor seeks a determination that the actions taken by the Vineland Municipal Court to incarcerate him post-petition for his failure to continue making payments toward his pre-petition assessed court fines violated the automatic stay. In the event that no violation of the automatic stay is found, debtor seeks recourse under section 105 to relieve him from incarceration by the municipal court.

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