IN RE HEINCY

Bankruptcy No. 84-04106-LM13, Adv. No. C85-0751-LM13.

58 B.R. 930 (1986)

In re Charles C. HEINCY and Sharon L. Heincy, Debtors. Charles C. HEINCY and Sharon L. Heincy, Plaintiffs, v. SUPERIOR COURT OF the STATE OF CALIFORNIA, Defendant.

United States Bankruptcy Court, S.D. California.

March 26, 1986.


Attorney(s) appearing for the Case

Harry Heid, San Diego, Cal., trustee.

James W. Dempsey, Dempsey, Dempsey & Duff, Vista, Cal., for debtors.

Joseph J. Boylan, Fallbrook, Cal., creditor.

George W. Clarke, Deputy Dist. Atty., Susan J. Boyle, Deputy County Counsel, San Diego, Cal., for Superior Court, State of Cal.


MEMORANDUM DECISION

LOUISE DeCARL MALUGEN, Bankruptcy Judge.

Plaintiffs and debtors Charles and Sharon Heincy have filed a complaint to enjoin the Superior Court, County of San Diego, State of California, from enforcing an order for restitution entered in criminal case No. CR70040 in November 1984. The debtors have also filed an objection to the Chapter 13 proof of claim filed by Joseph and Trudi Boylan.

The issue raised by both the complaint for...

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