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IN RE STUART

BAP No. AZ-21-1063-FLS Bk. No. 2:19-bk-05481-BKM.

632 B.R. 531 (2021)

IN RE: Mark E. STUART, Debtor. Mark E. Stuart, Appellant, v. City of Scottsdale; Russell Brown, Chapter 13 Trustee; City of Scottsdale Attorney's Office, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 10, 2021.

Attorney(s) appearing for the Case

Chris D. Barski of Barski Law PLC, Scottsdale, argued for appellant Mark E. Stuart.

Vail C. Cloar of Dickinson Wright PLLC, Phoenix, argued for appellee City of Scottsdale.

Before: FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges.

OPINION

INTRODUCTION

After the City of Scottsdale garnished three of his bank accounts, debtor Mark E. Stuart filed a chapter 131 petition. Mr. Stuart argued that the automatic stay required the City to lift the garnishment immediately. Relying on City of Chicago v. Fulton...

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