There is simply no support for the debtors’ position that the creditor violated the stay by presenting the debtors’ check and receiving the funds after it is honored by the debtors’ bank, regardless of whether the creditor knew of the bankruptcy. The defendant is granted summary judgment with respect to this issue. Nevertheless, the question remains: Was the defendant’s alleged continued refusal to turn over the funds when requested by debtors’ counsel a violation of the automatic stay? According to Colliers, “the failure of an entity in possession of estate property to turn over the property to the trustee would be a violation of section 362(a)(3) except as may otherwise be provided in section 542.” Collier on Bankruptcy ¶ 362.03[5] (citing In re Knaus, 889 F.2d 773 (8th Cir.1989) (<HOLDING>)); see also In re Metromedia Fiber Network,
holding refusal to turn over property seized prepetition constituted violation of stay once notice of the stay had been given holding that refusal to return the property upon learning of the proceeding is a willful violation of the stay provisions and may be contemptible holding judgment in violation of automatic stay void holding secured creditors refusal to turn over property of debtors estate to debtor upon demand constituted an exercise of control over such property in violation of automatic stay holding that creditors failure to voluntarily turn over property lawfully seized prepetition constituted violation of automatic stay