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IN RE STRATMAN

Bankruptcy No. 95-30379, Adversary No. 97-3163.

217 B.R. 250 (1998)

In re Sheldon STRATMAN, Kathleen Stratman, Debtors. Sheldon STRATMAN, Kathleen Stratman, Plaintiffs, v. MISSOURI DIVISION OF EMPLOYMENT SECURITY, Defendant.

United States Bankruptcy Court, S.D. Illinois.

February 26, 1998.

Attorney(s) appearing for the Case

William A. Mueller, Joseph A. Swope, Jr., Belleville, IL, for Debtors.

Larry R. Ruhmann, Mo. Dept. of Labor & Indus. Rel., Div. of Employment Security, St. Louis, MO, Ronald J. Miller, Ninion S. Riley, Mo. Dept. of Labor & Indus. Rel., Div. of Employment Security, Jefferson City, MO, for Defendant.

Wesley D. Wedemeyer, Office of U.S. Atty., St. Louis, MO, for U.S.

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Missouri Division of Employment Security violated the automatic stay of 11 U.S.C. § 362(a) when it recouped prepetition unemployment benefit overpayments by withholding postpetition unemployment benefits.

The parties have stipulated to the following facts: On June 14, 1993, Kathleen Stratman filed with the Missouri Division of Employment Security (MDES) a claim...

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