Superior Court of the State of California v. Heincy (In Re Heincy)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
ASHLAND, Bankruptcy Judge:
The Superior Court of the State of California appeals from an order of the bankruptcy court enjoining the State’s enforcement of a criminal restitution order against Chapter 13 debtor Charles C. Heincy.
This appeal concerns a question not specifically addressed in the United States Supreme Court’s recent decision in Kelly v. Robinson, 479 U.S. -, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986), a Chapter 7 case in which the Court held that 11 U.S.C. § 523(a)(7) “preserves from discharge any condition a state criminal court imposes as part of a criminal sentence.” After reviewing…
2Cases cited6 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- Pellegrino v. Division of Criminal Justice (In Re Pellegrino)United States Bankruptcy Court, D. Connecticut · 1984
- In Re SeidelCourt of Appeals for the Ninth Circuit · 1985
- Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1987
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