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IN RE AZEVEDO

No. 09-12615.

506 B.R. 277 (2014)

In re Jose AZEVEDO and Laudelina Azevedo, Debtors.

United States Bankruptcy Court, E.D. California.

Signed March 4, 2014.

Attorney(s) appearing for the Case

Thomas O. Gillis, Scott D. Mitchell, Modesto, CA, for Debtors.

OPINION

FREDRICK E. CLEMENT, Bankruptcy Judge.

A debtor seeking contempt for a discharge violation must prove that the creditor knew the discharge was applicable. Jose Azevedo owed Central Valley Dairymen, Inc. ("CVD") money, filed bankruptcy under an alias but failed to give CVD notice. Unaware of the bankruptcy, CVD garnished Azevedo's wages. Azevedo protested, but refused to confirm his identity and at trial...

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