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DOBREK v. PHELAN

No. 04-3391.

419 F.3d 259 (2005)

Thomas L. DOBREK, Appellant v. Donald F. PHELAN, Individually for Damages and in His Official Capacity as Clerk of the Superior Court of the State of New Jersey for Prospective Relief.

United States Court of Appeals, Third Circuit.

Filed August 17, 2005.

Attorney(s) appearing for the Case

Joseph M. Pinto (Argued), Joseph F. Polino, P.C., Moorestown, NJ, for Appellant.

Tracy E. Richardson (Argued), Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Appellee.

Before ALITO, SMITH, and FISHER, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This case presents the issue of whether the debts of a commercial bail bondsman are excepted from discharge, i.e., non-dischargeable, in a Chapter 7 bankruptcy proceeding under 11 U.S.C. § 523(a)(7). Though this precise issue is one of first impression in the Circuit, in In re Gi Nam, 273 F.3d 281 (3d Cir.2001), we considered...

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