IN RE GILLIAM

Bankruptcy No. 385-02143, Adv. No. 386-0129.

67 B.R. 83 (1986)

In re Othar GILLIAM, Debtor. Othar GILLIAM, Plaintiff, v. METROPOLITAN GOVERNMENT OF NASHVILLE and Davidson County, Tennessee and Thomas H. Shriver, District Attorney General, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

October 31, 1986.


Attorney(s) appearing for the Case

Edgar M. Rothschild, III, Thomas F. Bloom, Rothschild & Lefkovitz, Nashville, Tenn., for debtor.

Kevin S. Key, Metropolitan Atty., Nashville, Tenn., for Metropolitan Government of Nashville and Davidson County, Tenn.

James W. Thompson, Asst. Atty. Gen., Nashville, Tenn., for Dist. Atty. Gen. Shriver.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

A Chapter 13 debtor seeks to enjoin the State of Tennessee from revoking the debtor'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...

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