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IN RE HEINCY

BAP No. SC 86-1467-VAsMo, Bankruptcy No. 84-04106-LM13, Adv. No. C85-0751-LM13.

78 B.R. 246 (1987)

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

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Submitted November 12, 1986.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Susan J. Boyle, Deputy Counsel, San Diego, Cal., for appellant.

Charles E. Duff, Jr., Dempsey, Dempsey & Duff, Vista, Cal., for appellees.

Before: VOLINN, ASHLAND and MOOREMAN, Bankruptcy Judges.

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...

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