IN RE MANUEL

Bankruptcy No. 97-34394-T.

212 B.R. 517 (1997)

In re Keith D. MANUEL, Debtor.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

September 10, 1997.


Attorney(s) appearing for the Case

Kevin A. Lake, Lake & Lake, Richmond, VA, for Debtor.

C. Carter Wailes, Richmond, VA, for Robert B. Ritchie.

Robert E. Hyman, Richmond, VA, Chapter 13 Trustee.


MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Hearing was held August 13, 1997, on debtor's motion to show cause for violation of the automatic stay filed against Robert B. Ritchie and Richmond Finance Company. The principal issue is whether a judgment creditor who has brought a garnishment proceeding against the debtor prepetition has an affirmative duty to dismiss the garnishment after the debtor files a bankruptcy petition.

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