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UNITED BLDG. CENTERS v. OCHS

No. 25259.

781 N.W.2d 79 (2010)

2010 SD 30

UNITED BUILDING CENTERS, Plaintiff and Appellee, v. David OCHS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Eric C. Schulte, Timothy M. Gebhart, Davenport Evans Hurwitz & Smith, LLP, Sioux Falls, South Dakota, for plaintiff and appellee.

Randall B. Turner, Pierre, South Dakota, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] United Building Centers (UBC) filed a complaint under SDCL 23A-28-1 to have a criminal restitution order converted into a civil judgment in its favor after David Ochs (Ochs) failed to submit all payments as ordered. Ochs denied the complaint and claimed the restitution order entered as part of his state criminal conviction was discharged in his Chapter 7 federal bankruptcy proceedings. The circuit court concluded a restitution...

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