IN RE COLLINS

No. 97-1580.

173 F.3d 924 (1999)

In re Herbert M. COLLINS; In re Uwandolyn Blackwell Collins, Debtors. Commonwealth of Virginia; Commonwealth of Virginia, ex rel City of Norfolk; Commonwealth of Virginia, ex rel Norfolk General District Court, Plaintiffs-Appellants, v. Herbert M. Collins; Uwandolyn Blackwell Collins, Defendants-Appellees, United States of America, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1999.


Attorney(s) appearing for the Case

ARGUED: Edward Meade Macon, Office of the Attorney General, Richmond, Virginia, for Appellants. Frank James Santoro, Marcus, Santoro, Kozak & Melvin, P.C., Portsmouth, Virginia, for Appellees. Henry Thomas Byron, III, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: Mark L. Earley, Attorney General of Virginia, Judith W. Jagdmann, Deputy Attorney General, E. Suzanne Darling, Senior Assistant Attorney General/Special Assistant Norfolk Commonwealth's Attorney, Susan W. Atkinson, Assistant Attorney General/Special Assistant Norfolk Commonwealth's Attorney, Office of the Attorney General, Richmond, Virginia; Melvin R. Zimm, Glasser & Glasser, P.L.C., Norfolk, Virginia, for Appellants. Karen M. Crowley, Marcus, Santoro, Kozak & Melvin, P.C., Portsmouth, Virginia, for Appellees. Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Intervenor.

Before MICHAEL and MOTZ, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.


Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Chief Judge BOYLE joined.

OPINION

MICHAEL, Circuit Judge:

Herbert Collins was once a bail bondsman in Virginia. He and his wife filed for bankruptcy in 1990 and were released from all of their legally dischargeable debts. Thereafter, the Commonwealth of Virginia sought to collect on pre-bankruptcy judgments...

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