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Creditor's Failure to Cease Automatic Payroll Deduction Violates Stay

Posted: June 03, 2009.

The Appellee, Credit Union, continued to make automated payroll deductions from Debtor’s paycheck and apply a portion of the deductions to a loan for her car after Debtor filed bankruptcy and notified the credit union of her intention to surrender the vehicle.  The BAP found that the Bankruptcy Court erred in finding that Credit Union did not have the ability to stop payments on the loan.   The Court ordered the return of the money collected in violation of stay, plus a determination of appropriate sanctions, including attorney fees.   In re Krivohlavek, 8th Cir. BAP, 08-6047 (May 22, 2009)
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