Appeal of STEVEN D. DAVIS - P.S. Docket No. DCA 99-156

In the Matter of the Petition by 	)   August 17, 1999
					)
STEVEN D. DAVIS				)
7432 230th Street SW			)
					)
	at				)
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Edmonds, WA  98026-8528 		)   P.S. Docket No. DCA 99-156

APPEARANCE FOR PETITIONER:		Steven D. Davis
					7432 230th Street, SW
					Edmonds, WA  98026-8528

APPEARANCE FOR RESPONDENT:		Carol A. Manago
					Labor Relations Specialist
					United States Postal Service
					415 First Avenue North
					Post Office Box 90204
					Seattle, WA  98109-9401

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

Petitioner, Steven D. Davis, filed a petition⁽¹⁾ under the Debt Collection Act after receiving a Notice of Involuntary Administrative Salary Offsets alleging that he was liable for a debt in the amount of $249.79, based on a shortage in his accountability discovered in December 1997.

Based on documents submitted by Petitioner and documents received directly from the United States Bankruptcy Court, Western District of Washington, it appears that Petitioner filed a bankruptcy petition on February 2, 1999, and that the Court issued a "Discharge of Debtor" on May 18, 1999. Listed on Schedule F of the bankruptcy petition, "Creditors Holding Unsecured Nonpriority Claims," was a creditor identified as "Payroll Processing Branch, Accounting Service Center, 1 Federal Drive, Ft. Snelling, MN 55111-9650." The listed address was that of the Postal Service's Minneapolis Accounting Service Center. While a specific amount was not listed, it appears that Petitioner did, in fact, list the Postal Service as a creditor in his bankruptcy petition.

By Order dated June 23, 1999, Respondent was informed that, based on the bankruptcy court documents, it appeared that the debt at issue here may have been discharged, and Respondent was given the opportunity to show cause why the petition under the Debt Collection Act should not be granted. Respondent filed no response to the Order.

Accordingly, since it appears that the debt at issue in this proceeding has been discharged by the Bankruptcy Court and Respondent has not contested that assertion, the petition is granted. Respondent may not collect $249.79 from Petitioner's salary.

David I. Brochstein
Administrative Judge

1. Petitioner mailed the original of the Notice of Involuntary Administrative Salary Offsets to the Judicial Officer Department and wrote on the back: "To whom it concerns,
I filed for Bankruptcy in March of 99. This was 1 of the Debts included in that Bankruptcy."
This submittal was treated as a Petition under the Debt Collection Act.