In New York, Chapter 7, Bankruptcy

United States Bankruptcy Court Northern District Of New York

Presently before the Court is a motion filed on February 18, 2005, by way of an Order to Show Cause, by Bruce R. Burlingame (the “Debtor”). The Debtor seeks a determination by this Court that Erin Holly Burlingame (“EHB”), as well as the Honorable Gary Hicks (“Judge Hicks”), Presiding Judge for the Hillsborough County Superior Court, South (“New Hampshire Court”) and the New Hampshire Court (hereinafter the latter two jointly referred to as "Respondents”) violated the automatic stay provided for in § 362(a) of the U.S. Bankruptcy 2 Code, 11 U.S.C. §§ 101-1330 (“Code”). Debtor alleges that EHB and the Respondents violated the automatic stay by having him incarcerated on February 8, 2005, pursuant to an arrest warrant issued on November 5, 2004, and by continuing an action against him “for the sole and express purpose of collecting a debt listed in the bankruptcy petition.” Debtor requests damages in the amount of $10,000 per day of incarceration, “plus any other damages related to the continued collection efforts,” including attorney’s fees. Id. In addition, the Debtor requests his immediate release from incarceration and an order restraining the Respondents from proceeding in any “enforcement type action against the Debtor while the automatic stay is pending” and an order restraining EHB from any further collection efforts while the automatic stay is in place. The motion was heard at the Court’s regular motion term in Binghamton, New York on February 24, 2005. The Court allowed the appearance of Peter C.L. Roth, Esq. (“Roth”), Sr. Assistant Attorney General for the State of New Hampshire, on behalf of the Respondents, as well as that of EHB via telephone on February 24, 2005.

Ordered: that the Debtor’s motion seeking damages pursuant to Code § 362(h) for an alleged violation of the automatic stay by the Respondents and EHB is denied.