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BIRK v. SIMMONS

Bankruptcy No. 86-50310, Adv. No. 88-0100.

108 B.R. 657 (1988)

In re Donald BIRK, Jr., Diane Birk, Debtors/Plaintiffs, v. David W. SIMMONS, Defendant.

United States Bankruptcy Court, S.D. Illinois.

July 26, 1988.

Attorney(s) appearing for the Case

Scott Hendricks, Granite City, Ill., for plaintiffs.

Carol L. Cagle, Alton, Ill., for defendant.

OPINION

BASIL H. COUTRAKON, Bankruptcy Judge.

The issue before the Court is whether the state violated the automatic stay when it held a probation revocation hearing based on the Debtor's failure to pay a criminal restitution obligation.

The Debtor, Donald F. Birk, was convicted of the crime of leaving the scene of an accident on April 28, 1986, after entering a negotiated plea of guilty. He was sentenced to two years supervised probation. In addition...

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