Legal Opinion
Hucke v. Oregon ex rel. Division of Corrections, Department of Human Resources
District Court, D. Oregon
Decided July 11, 1991No. Bankruptcy No. 390-35394-H13; Adv. No. 91-3124; Civ. No. 91-672-PAPublishedCited by 5 opinions
1Opinion of the Court
AMENDED OPINION
PANNER, District Judge.
Plaintiff, a debtor in bankruptcy, brings this adversary action seeking his release from state custody for a probation violation. I find the state in violation of the automatic stay of the Bankruptcy Code and direct plaintiff’s release from custody.
FACTUAL BACKGROUND
On May 29, 1990, plaintiff, Scott Hucke, pleaded guilty to first degree rape. Mult-nomah County Circuit Court Judge Harl H. Haas sentenced plaintiff to five years’ probation. Judge Haas also ordered plaintiff to pay to the Multnomah County Court Administrator’s Office a $50 penalty assessment,…
2Cases cited4 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- Hucke v. Oregon Ex Rel. Division of Corrections, Department of Human Resources (In Re Hucke)United States Bankruptcy Court, D. Oregon · 1991
3Cited by5 opinions
- In Re KilpatrickUnited States Bankruptcy Court, E.D. Michigan · 1993
- Walters v. Sherwood Municipal Court (In Re Walters)United States Bankruptcy Court, W.D. Arkansas · 1998
- Washington v. Hale (In Re Washington)United States Bankruptcy Court, E.D. Arkansas · 1992
- In Re HuckeDistrict Court, D. Oregon · 1991
- In re WilliamsUnited States Bankruptcy Court, E.D. Arkansas · 1992