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IN RE BANKS

No. 00-44464-R.

253 B.R. 25 (2000)

In re Denise M. BANKS, Debtor.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

September 13, 2000.

Attorney(s) appearing for the Case

William Orlow, Pleasant Ridge, MI, for debtor.

Louis P. Rochkind, Detroit, MI, for creditor.

Opinion

STEVEN W. RHODES, Bankruptcy Judge.

The debtor, Denise Banks, filed a motion for damages for violation of the automatic stay. In response, the creditor asserted that the stay violation was not willful. The Court conducted an evidentiary hearing to determine the issue.

Previously, the creditor had properly obtained an order granting relief from the stay. However, the creditor was unaware that under...

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