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IN RE HEINCY

No. 87-6480.

858 F.2d 548 (1988)

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

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1988.

Attorney(s) appearing for the Case

Morris J. Hill, Office of County Counsel, San Diego, Cal., for appellant.

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

Before FARRIS and WIGGINS, Circuit Judges, and CROCKER, District Judge.

FARRIS, Circuit Judge:

The bankruptcy court enjoined the Superior Court of California, County of San Diego, from enforcing a criminal restitution order during the pendency of this Chapter 13 proceeding. The bankruptcy court also ruled that the restitution order was a dischargeable debt. The Bankruptcy Appellate Panel affirmed. 78 B.R. 246. We reverse.

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