Legal Opinion
Reif v. Kaster (In Re Reif)
United States Bankruptcy Court, D. Arizona
Decided February 12, 2007No. Bankruptcy No. 4-05-06432-EWH, Adversary Nos. 4-06-00084, 4-06-00087Published
1Opinion of the Court
MEMORANDUM DECISION
EILEEN W. HOLLOWELL, Bankruptcy Judge.
I.INTRODUCTION
Is a criminal restitution judgment dis-chargeable because it is payable to the victim and not the state? NO. The reasons for this conclusion are explained in the balance of this decision.
II.FACTS
The Debtor was convicted of operating as an unlicensed contractor. He was fined $750 and a criminal restitution judgment was entered against him for $22,000 (“Restitution Judgment”). In 1998, an order was entered in Pima County Justice Court (“Justice Court Order”) issuing a “transcript” 1 of restitution lien in favor of the…
2Cases cited7 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
- In the Matter of James Towers, Debtor-Appellant. State of IllinoisCourt of Appeals for the Seventh Circuit · 1999
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