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Legal Opinion

Birk v. Simmons

United States Bankruptcy Court, S.D. Illinois

Decided July 26, 1988No. 19-40147PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BASIL H. COUTRAKON, Bankruptcy Judge.

The issue before the Court is whether the state violated the automatic stay when it held a probation revocation hearing based on the Debtor’s failure to pay a criminal restitution obligation.

The Debtor, Donald F. Birk, was convicted of the crime of leaving the scene of an accident on April 28, 1986, after entering a negotiated plea of guilty. He was sentenced to two years supervised probation. In addition, as a special condition of the probation, the Debtor was ordered to pay restitution to his victims in the amount of $1,830.65 and court costs and…

2Cases cited20 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. Bankr. L. Rep. P 70,011 United States of America v. Robert D. Alexander, Sr.Court of Appeals for the Seventh Circuit · 1984
  4. Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
  5. In Re ButtonUnited States Bankruptcy Court, W.D. New York · 1981

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3Cited by6 opinions

  1. Rainwater v. Alabama (In Re Rainwater)United States Bankruptcy Court, N.D. Alabama · 1999
  2. Coulter v. Aplin (In Re Coulter)United States Bankruptcy Court, D. South Carolina · 2003
  3. Winkler v. Rickert (In Re Winkler)United States Bankruptcy Court, N.D. Ohio · 1992
  4. Kimberlin v. DewaltDistrict Court, D. Maryland · 1998
  5. Rollins v. Campbell (In Re Rollins)United States Bankruptcy Court, N.D. Georgia · 1996

1 more not listed; retrieve them via the Exa API.

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