UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
In re:

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Christina Blasco,
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CASE NO. 06-40634-JJR-13
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Debtor.
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CHAPTER: 13
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______________________________________________________________________________
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Christina Blasco,
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Plaintiff,
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ADV. P. NO.: 06-40087
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v.
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Money Services Center
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d/b/a Cash Connection
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Defendant.
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MEMORANDUM OPINION
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
The above case came before the Court on the defendant’s motion for summary judgment filed on August 1, 2006, in response to the debtor-plaintiff’s complaint alleging the creditor-defendant violated the automatic stay [i.e. 11 U.S.C. § 362(a)] by cashing the plaintiff’s check after she filed a petition for relief under Chapter 13 of the U.S. Bankruptcy Code. The defendant avers it did not violate the automatic stay because of the exception provided in 11 U.S.C. § 362(b)(11). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. The Court heard oral arguments on September 12, 2006 and directed the parties to file additional briefs dealing with whether the check at issue qualified as a negotiable instrument. For the reasons stated below, the

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Case 06-40087-JJR

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Court finds the motion for summary judgment is due to be GRANTED.
Background
On April 15, 2006, the plaintiff received a “payday loan” for $500.00 from the defendant.
In exchange for the $500.00 loan, the plaintiff gave the defendant a check for $587.50, which was intended to pay the principal of the loan plus interest and fees. The defendant agreed to hold the check until April 29, 2006. On May 9, 2006, the debtor-plaintiff filed for Chapter 13 bankruptcy relief. For purposes of this summary