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IN RE BUCCHINO

Bankruptcy No. 7-10-11493 JR. Adversary No. 10-1042 J.

439 B.R. 761 (2010)

In re James BUCCHINO and Nicole Bucchino, Debtors. James Bucchino and Nicole Bucchino, Plaintiffs, v. Wells Fargo Bank, N.A., Defendant.

United States Bankruptcy Court, D. New Mexico.

September 29, 2010.

Attorney(s) appearing for the Case

Michael K. Daniels , Albuquerque, NM, for Debtors and Plaintiffs.

James Rasmussen , Albuquerque, NM, for Defendant.

MEMORANDUM OPINION

ROBERT H. JACOBVITZ, Bankruptcy Judge.

THIS MATTER is before the Court on cross motions for summary judgment.1 At issue is whether Defendant's action in placing an "administrative pledge" on the Plaintiffs' bank account(s) after receiving notice of Plaintiffs' bankruptcy case constituted a willful violation of the automatic stay within the meaning of 11 U.S.C. § 362(a)(3) and (k)(1).

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