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IN RE DAVENPORT

Bankruptcy No. 87-02395F, Adv. No. 87-0737F.

83 B.R. 309 (1988)

In re Edward J. DAVENPORT, Sr. a/k/a Edward Davenport and Debora A. Davenport, Debtors. Edward & Debora DAVENPORT, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE and Court of Common Pleas Of Bucks County, Adult Probation and Parole Dept. and Edward Sparkman, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 8, 1988.

Attorney(s) appearing for the Case

David A. Searles, Community Legal Services, Inc., Philadelphia, Pa., for debtors/plaintiffs, Edward Davenport and Debora Davenport.

Mary B. Seiverling, Dept. of Public Welfare, Harrisburg, Pa., for defendant, Com. of Pa., Dept. of Public Welfare.

Edward Sparkman, Philadelphia, Pa., standing chapter 13 Trustee.

John D. Blumenthal, Asst. County Sol., Doylestown, Pa., for defendant, Court of Common Pleas of Bucks County, Adult Probation and Parole Dept.

OPINION

BRUCE I. FOX, Bankruptcy Judge:

The narrow issue before me is whether a criminal restitution obligation may be discharged in a chapter 13 case. The debtors have commenced an adversary proceeding seeking a determination that an order of criminal restitution requiring them to make payments to the Bucks County Adult Probation and Parole Department represents a dischargeable unsecured debt which is provided for by their confirmed chapter 13 plan and...

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