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IN RE LOPES

Bankruptcy No. 05-36535(CGM), Adversary No. 05-09043.

339 B.R. 82 (2006)

In re Nalini C. LOPES, Debtor. Empire Bonding Agency d/b/a Sim-3 Management Corp., Plaintiff, v. Nalini C. Lopes, Defendant.

United States Bankruptcy Court, S.D. New York.

March 21, 2006.

Attorney(s) appearing for the Case

Michael L. Carey, Esq., Jacobowitz Gubitz, LLP, Walden, NY, for Plaintiffs.

Lewis D. Wrobel, Esq., Poughkeepsie, NY, for Debtor Defendant.

CECELIA G. MORRIS, Bankruptcy Judge.

This case presents the issue of whether a private professional bail bond surety may seek a determination of non-dischargeability pursuant to 11 U.S.C. § 523(a)(7) against a debtor who agreed to indemnify the bail bonding agency if her husband did not appear in on his appointed trial date. Section 523(a)(7) excepts from discharge those debts that are "..a fine, penalty, or forfeiture payable to and for the benefit of a governmental...

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