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IN RE BAILEY

Bankruptcy No. 09-2564. Adversary No. 10-5.

428 B.R. 694 (2010)

In re Jamie Alan BAILEY, Debtor. Jamie Alan Bailey, Plaintiff, v. Shannan Davant, and Douglas Cornelius, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

April 12, 2010.

Attorney(s) appearing for the Case

Ronald Keith Hatfield, Hatfield Legal Services, Charleston, WV, for Debtor.

Douglas A. Cornelius, Clarksburg, WV, for Defendants.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Jamie Alan Bailey (the "Debtor") seeks judgment on the pleadings on the grounds that his former spouse, Shannan Davant, and/or her attorney, Douglas Cornelius, have violated the automatic stay of the Bankruptcy Code by failing to affirmatively stop a pre-petition garnishment of his wages.

For the reasons stated herein, the court will grant the motion and set a further hearing on damages...

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