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COM., DEPT. OF PUBLIC WELFARE v. JOHNSON-ALLEN

Civ. A. No. 87-1032.

88 B.R. 659 (1988)

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE v. Lorraine JOHNSON-ALLEN. and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE v. Ruby STEFFLER, a/k/a Ingrid J. Steffler.

United States District Court, E.D. Pennsylvania.

As Amended August 1, 1988.

Attorney(s) appearing for the Case

Andrew A. Coates, Office of Legal Counsel, Philadelphia, Pa., for the Com. of Pa. Dept. of Public Welfare.

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

David Searles, Philadelphia, Pa., for Steffler.

James O'Connell, Philadelphia, Pa., Chapter 13 standing trustee.

Mary B. Seiverling, Ofc. of Fraud, Abuse, Investigation & Recovery, Harrisburg, Pa., for appellant.

James Fitzpatrick, District Attorney's Office, Government Fraud Unit, Philadelphia, Pa.

MEMORANDUM AND ORDER

GAWTHROP, District Judge.

Pending before this court is an appeal from the Department of Public Welfare (DPW) from a bankruptcy court decision, involving two similar cases, which held that criminal restitution payments may be discharged in a Chapter 131 case. Upon consideration of the statute, and its interpretation by the Supreme Court in Kelly v. Robinson, 479 U.S. 36

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