Procedural Posture

Procedural Posture

Defendant bank filed a motion to dismiss plaintiff Chapter 7 debtors’ complaint, which alleged that the bank violated the automatic stay, 11 U.S.C.S. § 362(a)(3), when it refused to disburse monies owed by the bank for two prepetition demand amounts in which the debtors asserted an exemption. Overview The debtors asserted that they held and owned two prepetition deposit accounts at the bank. When the debtors attempted to access the monies after commencing the Chapter 7 case, the bank placed a hold on the two accounts and sent a letter…

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