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IN RE GI NAM

No. 00-4141.

273 F.3d 281 (2001)

In re GI NAM City of Philadelphia, v. Gi Nam Marvin Krasny, Chapter 7 Trustee; Frederic Baker, Assistant U.S. Trustee, Trustees, City of Philadelphia, Appellant.

United States Court of Appeals, Third Circuit.

Filed: November 20, 2001.

Attorney(s) appearing for the Case

Steven M. Schain, Kenneth I. Trujillo, City Solicitor, Marcia Berman (Argued), Deputy City Solicitor, Appeals Unit, City of Philadelphia, Law Department, Philadelphia, PA, Attorneys for Appellant-City of Philadelphia.

Eric L. Frank, (Argued), Miller, Frank & Miller, Philadelphia, PA, Attorney for Appellee-Gi Nam.

Marvin Krasny, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, Attorney/Chapter 7 Trustee.

Frederic J. Baker, U.S. Department of Justice, Office of the Trustee, Philadelphia, PA, Attorney/Assistant U.S. Trustee.

Karen A. Brancheau, Philadelphia, PA, Attorney for Amicus-Appellant PA District Attorneys Association.

Before ROTH, BARRY and FUENTES, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

This bankruptcy appeal presents a question with potentially far-reaching implications for the States' administration of their criminal justice systems. It is also one of first impression in this Circuit. The issue is whether the debt to a State of a bond surety for a defendant who fails to appear is dischargeable in the surety's Chapter 7 bankruptcy. We decide the question here only in the context of the case before...

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