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IN RE GLENN

Bankruptcy No. 02 B 40851, Adversary No. 04 A 04493.

379 B.R. 760 (2007)

In re Patrick L. GLENN, Debtor. Frances Gecker, not individually but as Chapter 7 Trustee for Patrick L. Glenn, Plaintiff, v. James P. Gierczyk, Defendant.

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

December 12, 2007.

Attorney(s) appearing for the Case

Steven Tobin, Northbrook, IL, Gordon E. Gouveia, Merrillville, IN, for Debtor.

Joseph D. Frank, Micah Krohn, Chicago, IL, for Trustee.

Memorandum Opinion

BRUCE W. BLACK, Bankruptcy Judge.

This adversary proceeding is before the court on cross motions for summary judgment on count VIII of the plaintiff trustee's amended complaint. Count VIII seeks both actual and punitive damages for alleged violations of the automatic stay pursuant to former section 362(h) of the Bankruptcy Code.1 The issue before the court is whether a bankruptcy trustee has standing...

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