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IN RE JOHNSON-ALLEN

Bankruptcy Nos. 86-01239K, 86-00205K, Adversary Nos. 86-0463K, 86-0464K.

69 B.R. 461 (1987)

In re Lorraine JOHNSON-ALLEN, Debtor. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. Lorraine JOHNSON-ALLEN, Defendant. In re Ruby STEFFLER a/k/a Ingrid J. Steffler, Debtor. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. Ruby STEFFLER a/k/a Ingrid J. Steffler, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

January 23, 1987.

Attorney(s) appearing for the Case

Andrew A. Coates, Dept. of Public Welfare, Office of Fraud and Abuse Investigation and Recovery, Philadelphia, Pa., for plaintiff.

Gary Klein, Philadelphia, Pa., for defendant Lorraine Johnson-Allen.

David A. Searles, Philadelphia, Pa., for defendant Ruby Steffler a/k/a Ingrid J. Steffler.

James J. O'Connell, Philadelphia, Pa., Chapter 13 Standing Trustee.

Peter Berson, District Attorney's Office, Government Frauds Unit, Philadelphia, Pa.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

These consolidated adversarial proceedings present the issues of whether the liability of a Chapter 13 debtor to pay criminal restitution constitutes a "claim" dischargeable in the Chapter 13 case; and, assuming that the restitution obligation is a dischargeable claim, what remedies are available to the debtor to prevent collection of future payments and to recover post-petition payments made. We hold that a criminal...

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