Gates v. Kovalik (In Re Gates)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court is Debtors’/Plaintiff’s Complaint to Enjoin the Defendant from pursuit of a private criminal action in state court. Based upon the following analysis, the relief requested is denied.

FACTS

Debtors were lessees of residential real property owned by Defendant. Debtors had issued three (3) checks to Defendant, all of which were dishonored for insufficient funds; Debtors covered two (2) of the three checks. However, the final check, drawn in December of 1986 for $420.00, remains unrestored, allegedly as a result of a…