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IN RE PENNY

No. C-B-311, 312.

414 F.Supp. 1113 (1976)

In re Mark T. PENNY and Mary F. Penny, Bankrupts, and Joe S. Major, III, Trustee.

United States District Court, W. D. North Carolina, Charlotte Division.

June 14, 1976.

Attorney(s) appearing for the Case

Michael P. Carr, Charlotte, N.C., for petitioner.

John M. Bahner, Jr., Albemarle, N.C., for State of North Carolina.

INJUNCTION

McMILLAN, District Judge.

The bankrupt, Mark T. Penny, has filed a motion to stay criminal proceedings currently pending against him in Stanly County, North Carolina. He alleges that he is entitled to a stay pursuant to Rule 401 of the Bankruptcy Rules because the criminal prosecution is, in effect, nothing more than a device to collect a two-year old check given for a dischargeable debt. He is entitled to relief.

28 U.S.C. § 2283...

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