Legal Opinion
Brown v. Shriver (In Re Brown)
United States Bankruptcy Court, M.D. Tennessee
Decided May 3, 1984No. Bankruptcy No. 383-00272, Adv. No. 383-0392PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
Once again this court must decide whether to enjoin a criminal prosecution of a debtor. 1 Because our prior cases did not address the effect of the § 524 discharge injunction on post-discharge probation revocation, we will resolve two issues: (1) whether restitution imposed as part of a criminal sentence is a debt subject to discharge in bankruptcy; and (2) if restitution can be discharged, whether the state prosecutor can be enjoined from seeking revocation of a debtor’s probation because the debtor discharged a restitution award. For the reasons…
2Cases cited49 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Perez. v. CampbellSupreme Court of the United States · 1971
- Kugler v. HelfantSupreme Court of the United States · 1975
44 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Roach v. Edge (In Re Edge)United States Bankruptcy Court, M.D. Tennessee · 1986
- Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
- Parker v. GoodmanCourt of Appeals for the Sixth Circuit · 2007
- Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Lugo v. PaulsenCourt of Appeals for the Third Circuit · 1989
25 more not listed; retrieve them via the Exa API.