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IN RE STACY

Bankruptcy Nos. 7-80-01347, 7-81-00271, Adv. Nos. 7-81-0048, 7-81-0186.

21 B.R. 49 (1982)

In re Ervin Junior STACY Brenda Lawson Stacy, Debtors. Ervin Junior STACY, Plaintiff, v. ROANOKE MEMORIAL HOSPITALS and Financial Management Services, Inc., Defendants. In re Elizabeth Mae FITZGERALD, Debtor. Elizabeth Mae FITZGERALD, Plaintiff, v. ROANOKE MEMORIAL HOSPITALS and Credit Bureau of New River Valley, Defendants.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

March 1, 1982.

Attorney(s) appearing for the Case

Alan T. Gravitt, The Legal Aid Society of Roanoke Valley, Roanoke, Va., for debtors/plaintiffs.

Donald C. Gehring, Hazlegrove, Dickinson & Rea, Roanoke, Va., for Roanoke Memorial Hospital.

Ralph C. Wiegandt, Wiegandt, Ladenheim & Campbell, Fincastle, Va., for Financial Management.

Jerry K. Jebo, Radford, Va., for Credit Bureau of New River Valley.

JOINT MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether a debtor has a private right of action on a claim of violation of the automatic stay found in § 362 of the Bankruptcy Reform Act of 1978 (the Code), 11 U.S.C. § 362.

These matters are before the Court on defendants' Motions to Dismiss. Because of factual similarities, the proceedings were...

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