In Re Heincy

858 F.2d 548 20 Collier Bankr.Cas.2d 5 In re Charles C. HEINCY, Sharon L. Heincy, Debtors, SUPERIOR COURT FOR the STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, Appellant, v. Charles C. HEINCY, Sharon L. Heincy, Appellees. No. 87-6480. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1988. Decided Sept. 30, 1988. Morris J. Hill, Office of County Counsel, San Diego, Cal., for appellant. Charles E. Duff, Jr., Dempsey, Dempsey & Duff, Vista, Cal., for appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before FARRIS and WIGGINS, Circuit Judges, and CROCKER, * District Judge. FARRIS, Circuit Judge: 1 The bankruptcy court enjoined the Superior Court of California, County of San Diego, from enforcing a criminal restitution order during the pendency of this Chapter 13 proceeding. The bankruptcy court also ruled that the restitution order was a dischargeable debt. The Bankruptcy Appellate Panel affirmed. 78 B.R. 246 . We reverse. BACKGROUND 2 In February 1984, Joseph Boylan informed state authorities that Charles Heincy had embezzled money from him. The next month, Heincy and his wife, Sharon, filed a Chapter 7 bankruptcy petition. During the…