impractical. First, the creditor presents the check, which is authorized by 11 U.S.C. § 362(b)(11). Then, as it is being honored by the debtors’ bank, the creditor would have to withdraw the presentment (wait— wasn’t that presentment legal?) before the debtors’ bank transmits the funds. To do this, the creditor would have to know when the funds are being wired to its account, or perhaps to an account in an intermediate corresponding bank, all of which is an unreasonable expectation in light of the sophisticated electronic pathways traveled by today’s money. Alternatively, the creditor could present the check but instruct the bank to dishonor the check, because dishonor is also allowed by 11 U.S.C. § 362(b)(ll). But those instructions would be contrary to a legal presentment, and th (<HOLDING>). This is a question of fact requiring an
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 pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons holding that the filing of an adversary proceeding in the same court sis debtors petition but different bankruptcy case violated the automatic stay holding that payments made by third parties on behalf of debtors are disbursements notwithstanding the debtors lack of control over the funds holding creditor willfully violated the automatic stay in refusing after notified of debtors bankruptcy filing to turn over debtors funds in his possession