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IN RE RIZZO

Bankruptcy No. 04 B 24507. Adversary No. 04 A 3755.

337 B.R. 180 (2006)

In re Ernie RIZZO, Debtor. Earl Merritt, Plaintiff, v. Ernie Rizzo, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

January 27, 2006.

Attorney(s) appearing for the Case

Gregory J. Martucci, Law Office of Gregory J. Martucci, P.C., Roselle, IL, for Earl Merritt.

Brian J. Wanca, Ryan M. Kelly, Anderson & Wanca, Rolling Meadows, IL, for Ernie Rizzo.

MEMORANDUM OPINION

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

In 2002, debtor Ernie Rizzo held a judgment against Denny Passialis and was attempting to collect it. Believing that Earl Merritt, Passialis's uncle, was using his bank account to hide money for Passialis, Rizzo tried to serve Merritt with a non-wage garnishment at Merritt's workplace — which happened to be a state correctional facility. In the process, Rizzo spoke with one of Merritt...

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