Legal Opinion
County of Sacramento v. Hackney (In Re Hackney)
United States Bankruptcy Court, N.D. California
Decided October 18, 1988No. 12-42821PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
The question presented by this case is whether a creditor’s nondischargeable claim against the debtor is reinstated when the debtor’s pre-petition payment of that claim is recovered as a preference by the debtor’s chapter 7 trustee. For the reasons stated below, the court concludes that the claim is reinstated and grants plaintiff’s motion for summary judgment.
SUMMARY OF FACTS
In 1984, the debtor was convicted of welfare fraud and sentenced to three years probation conditioned on her payment of restitution to the County of Sacramento…
2Cases cited8 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Sam Title, AKA Sam Teitelman v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Superior Court of the State of California v. Heincy (In Re Heincy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Verco Industries v. Spartan Plastics (In Re Verco Industries)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brambles USA, Inc. v. BlockerDistrict Court, D. Delaware · 1990
- Fleet National Bank v. GrayCourt of Appeals for the First Circuit · 2004
- State Compensation Insurance Fund v. Zamora (In Re Silverman)Court of Appeals for the Ninth Circuit · 2010
- In Re TorontoUnited States Bankruptcy Court, D. Connecticut · 1994
- Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
12 more not listed; retrieve them via the Exa API.