MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

JAMES J. ROBINSON, Bankruptcy Judge.

The above mentioned instance came ahead of the Court regarding the defendant’s motion for summary judgment filed on August 1, 2006, in reaction towards the debtor-plaintiff’s complaint alleging the creditor-defendant violated the stay that is automatic.e. 11 U.S.C. В§ 362(a)] by cashing the plaintiff’s check after she filed a petition for relief under Chapter 13 for the U.S. Bankruptcy Code. The defendant avers it failed to break the automated stay because associated with the exclusion supplied in 11 U.S.C. В§ 362(b)(11). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. The Court heard dental arguments on September 12, 2006 and directed the events to register extra briefs coping with whether or not the check at issue qualified as an instrument that is negotiable. For the reasons stated below, the Court discovers the movement for summary judgment is born to be PROVIDED.

Background

On April 15, 2006, the plaintiff received a loan that is »payday for $500.00 through the defendant. In return for the $500.00 loan, the plaintiff gave the defendant a check for $587.50, which was intended to pay the principal of the interest plus loan and charges. The defendant consented to keep the check until April 29, 2006. May 9, 2006, the debtor-plaintiff filed for Chapter 13 bankruptcy relief. For purposes with this summary judgment, the defendant stipulates it received notice regarding the plaintiff’s bankruptcy before negotiating her check always. May 16, 2006, the defendant presented the plaintiff’s search for re re payment, however it ended up being rreturned because of inadequate funds. Plus »

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