IN RE DUKE

No. 3:94-0433.

172 B.R. 575 (1994)

In re Margaret Wilson DUKE, Debtor. PEOPLES BANK OF DICKSON, Plaintiff/Appellant, v. Margaret Wilson DUKE, Defendant/Appellee.

United States District Court, M.D. Tennessee, Nashville Division.

September 15, 1994.


Attorney(s) appearing for the Case

Kevin James Jones, Nashville, TN, for Peoples Bank of Dickson.

John R. Cheadle, Sr., Nashville, TN, for Margaret Wilson Duke.


MEMORANDUM

WISEMAN, District Judge.

This bankruptcy appeal involves the nature of criminal restitution versus civil recovery and collateral estoppel with regard to the dischargeability of a debt incurred as a result of bank fraud. The Bankruptcy Court held that it could not order civil recovery because in a prior criminal hearing, the District Court had not imposed criminal restitution. For the following reasons, this Court reverses the judgment of...

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