IN RE WILSON

Bankruptcy No. 81-00424G.

19 B.R. 45 (1982)

In re George WILSON, Jr. and Denise E. Wilson, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

April 9, 1982.


Attorney(s) appearing for the Case

Jerry Schuchman, Glenside, Pa., for debtors, George and Denise F. Wilson.

Michael David Eiss, Philadelphia, Pa., for Joseph A. Sullivan, Sheriff of Philadelphia County.

Sheldon C. Jelin, Philadelphia, Pa., for first mortgagee, Federal National Mortgage Assn.

E. Gerald Donnelly, Jr., Philadelphia, Pa., for S.M.J. Inv. Co.

James J. O'Connell, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the Sheriff of Philadelphia County should be held in contempt for issuing a deed to the debtors' residence, having that deed acknowledged by the prothonotary and recorded after the Sheriff had actual notice that the debtors had filed a petition under chapter 13 of the Bankruptcy Code ("the Code"). We conclude that the Sheriff's actions were a willful violation of the automatic stay...

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