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IN RE FUSSELL

No. 90-8261.

928 F.2d 712 (1991)

In re William Michael FUSSELL f/d/b/a F-V Ranch and Julia White Fussell, Debtor. William Michael FUSSELL, f/d/b/a F-V Ranch, Appellant, v. Karen PRICE as District Attorney of Shelby County, Texas, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1991.

Attorney(s) appearing for the Case

R. Mike Borland, Borland & Borland, Midland, Tex., for appellant.

W. Burgess Wade, Boyd, Sanders, Wade, Cropper & Prothro, Midland, Tex., for appellee.

Before GOLDBERG, JOLLY and WIENER, Circuit Judges.

GOLDBERG, Circuit Judge:

William Fussell sold some cattle he had mortgaged and applied the proceeds to expenses and lease payments. He was indicted for hindering enforcement of a security interest. A few weeks later, Fussell filed a Chapter 7 proceeding. Contending that the prosecution was a bad-faith attempt to collect a debt dischargeable in bankruptcy, Fussell asked that the bankruptcy court enjoin the state criminal proceeding. The bankruptcy court denied the...

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