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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

Creditor moved for an order declaring nondischargeable a debt that was held to be nondischargeable by default in a previous bankruptcy case, and also for an order declaring no stay in effect because no motion to extend the automatic stay had been filed by the debtor within 30 days of the petition date. Held, debt which is non-dischargeable in one bankruptcy was nondischargeable in subsequent case, even where the previous judgment was granted by default; because the automatic stay expired as to non-estate property, the creditor could execute on the debtor’s post-petition wages; however, because § 522(c)(1) disallowed execution on exempt property, the creditor would not be permitted to execute on commissions earned prepetition, and which had been exempted without objection.

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James F. Schneider