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IN RE CANCEL

Adv. No. 87-1076, Bankruptcy No. 84-10905.

82 B.R. 674 (1988)

In re Robinson R. CANCEL, Debtor. Robinson R. CANCEL, Plaintiff, v. The CITY OF SCHENECTADY, District Attorney, Citizens for Law, Order & Justice, Inc., Defendants.

United States Bankruptcy Court, N.D. New York.

Judgment Reversed by District Court Memorandum and Order May 2, 1988.

Attorney(s) appearing for the Case

Lee & Le Forestier, P.C., Troy, N.Y., for debtor/plaintiff; Michael J. O'Connor, of counsel.

Office of the Co. Atty., Schenectady, N.Y., for Dist. Atty.; J. Douglas McManus, Jr., of counsel.

Robert Littlefield, Albany, N.Y., trustee, and of counsel.

MEMORANDUM-DECISION AND ORDER

JUSTIN J. MAHONEY, Bankruptcy Judge.

This case presents the issue as to whether an individual's obligation to make restitution as part of a criminal sentence is discharged in a chapter 13 proceeding.

The debtor filed his chapter 13 petition on July 6, 1984. Prior to the filing, the debtor had been arrested and found guilty of receiving unauthorized unemployment benefits. The debtor's criminal sentence required him as...

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