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IN RE GELLINGTON

No. 06-31918 HDH-13.

363 B.R. 497 (2007)

In re Darrold O'Keith GELLINGTON, Debtor.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

March 8, 2007.

Attorney(s) appearing for the Case

Weldon Reed Allmand, Allmand & Lee, PLLC, Dallas, TX, for Darrold OKeith Gellington.

Sherrel K. Knighton, Linebarger, Goggan, Blair & Sampson, LLP, Dallas, TX, for Dallas County.

June A. Mann, Mann & Stevens, Houston, TX, for HSBC Mortgage Services Inc.

Erich Michael Ramsey, The Ramsey Law Firm, P.C., Arlington, TX, for Capital One Auto Finance Department.

Troy V. Smith, Office of the Attorney General of Texas, Tyler, TX, for Attorney General of Texas.

MEMORANDUM OPINION ON DEBTOR'S MOTION FOR SANCTIONS

HARLIN DeWAYNE HALE, Bankruptcy Judge.

This opinion addressees the propriety of a post-petition wage garnishment by the Attorney General for the State of Texas, and whether it was a violation of the automatic stay provision of the Bankruptcy Code in light of § 362(b)(2)(C).

I. JURISDICTION

The Court has jurisdiction pursuant to 28 U.S.C. §§ 1334 and 151...

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