Legal Opinion
Gilliam v. Metropolitan Government of Nashville (In Re Gilliam)
United States Bankruptcy Court, M.D. Tennessee
Decided October 31, 1986No. Bankruptcy No. 385-02143, Adv. No. 386-0129PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
A Chapter 13 debtor seeks to enjoin the State of Tennessee from revoking the debt- or’s probation and suspended sentence for a DUI conviction. 1 The only unsatisfied condition of probation is payment to the state of a criminal fine and court costs. The debtor’s confirmed Chapter 13 plan calls for full payment of the fine and costs. As explained below neither the automatic stay of 11 U.S.C. § 362 nor the discharge injunction of 11 U.S.C. § 524 is available to protect the debtor from probation revocation. The debtor has failed to demonstrate facts in…
2Cases cited15 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- Traughber v. BeauchaneCourt of Appeals for the Sixth Circuit · 1985
- Whitaker v. Lockert (In Re Whitaker)United States Bankruptcy Court, M.D. Tennessee · 1982
- Brown v. Shriver (In Re Brown)United States Bankruptcy Court, M.D. Tennessee · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re AdamsUnited States Bankruptcy Court, D. New Jersey · 1989
- Mayer v. United States (In Re Reasonover)United States Bankruptcy Court, E.D. Virginia · 1999
- In Re RatheUnited States Bankruptcy Court, D. Idaho · 1990
- Christensen v. New Jersey, Division of Motor Vehicles (In Re Christensen)United States Bankruptcy Court, D. New Jersey · 1988
14 more not listed; retrieve them via the Exa API.