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IN RE TROFF

No. 05-4244.

479 F.3d 1213 (2007)

In re Jason Derek TROFF, Debtor. Jason Derek Troff, Plaintiff-Appellant, v. State of Utah, Richard Ellis, in his official capacity as Executive Director of the Utah Department of Administrative Services; and David Johnson III, in his official capacity as Interim Director of the Office of State Debt Collection, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 15, 2007.

Attorney(s) appearing for the Case

Michael F. Thomson, Durham Jones & Pinegar, Salt Lake City, UT, for Plaintiff-Appellant.

Nancy L. Kemp (Mark L. Shurtleff with her on the brief), Utah Assistant Attorney General, Salt Lake City, UT, Attorneys for Defendants-Appellees.

Before HENRY, McWILLIAMS, and TYMKOVICH, Circuit Judges.

HENRY, Circuit Judge.

This appeal raises the question of whether 11 U.S.C. § 523(a)(7) permits a debtor in a Chapter 7 bankruptcy proceeding to discharge a restitution obligation imposed as part of a state criminal sentence and payable to a private individual. Exercising jurisdiction pursuant to 28 U.S.C. § 158(a) and (d), we affirm the district court and hold that the debt is not dischargeable.

I. Background

In August of 1997, Jason Troff...

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