Legal Opinion

Becker v. County of Santa Clara (In Re Nelson)

District Court, N.D. California

Decided October 18, 1988No. C-88-0424 EFL, Bankruptcy No. 4-87-03164WB-3, Adv. No. 3-87-0493 LK (OAK)PublishedCited by 14 opinions

1Opinion of the Court

ORDER

LYNCH, District Judge.

This is an appeal from the bankruptcy court’s dismissal for failure to state a claim of the trustee in bankruptcy’s complaint seeking to set aside and avoid as a preferential transfer a restitution payment made by the debtor in bankruptcy to defendant county pursuant to a state criminal conviction. For the reasons discussed below, the Court affirms.

According to the trustee’s complaint, the debtor is subject to a state criminal judgment of conviction that requires the debtor to make periodic restitution payments to the county for the benefit of a victim of her crime,…

2Cases cited20 opinions

Younger v. HarrisSupreme Court of the United States · 1971
Kelly v. RobinsonSupreme Court of the United States · 1986
Charles Starbuck v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977
Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
In Re ButtonUnited States Bankruptcy Court, W.D. New York · 1981

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

3Cited by14 opinions

State Compensation Insurance Fund v. Zamora (In Re Silverman)Court of Appeals for the Ninth Circuit · 2010
Fisher v. New York City Department of Housing Preservation & Development (In Re Pan Trading Corp., S.A.)United States Bankruptcy Court, S.D. New York · 1991
Warfel v. City of Saratoga (In Re Warfel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
In Re Car Renovators, Debtors. Thomas E. Reynolds, Trustee of the Bankruptcy Estate of Car Renovators, Inc. v. Dixie NissanCourt of Appeals for the Eleventh Circuit · 1991
Zimmerman v. Itano Farms, Inc. (In Re Currey)United States Bankruptcy Court, D. Idaho · 1992

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