Zhiry
Keena, II v. Zhiry
Opinion
Trial Court Opinion
POSTED ON WEBSITE NOT FOR PUBLICATION 3 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 6 In re: Case No. 21-22759-A-
NADIA ZHIRY,
9 Debtor.
GERARD F. KEENA II, RECEIVER, Adv. No. 22-2011-A
Plaintiff, MEMORANDUM
V.
NADIA ZHIRY,
Defendant.
18 Argued and submitted on March 8, 2023 19 at Sacramento, California 20 Honorable Fredrick E. Clement, Bankruptcy Judge Presiding
22 Appearances: Kirk Rimmer for plaintiff Gerald F. Keena II; Peter G. Macaluso for defendant Nadia 23 Zhiry 24
27 11 United States Code 523(a)(7) excepts from discharge a debt “for a fine, penalty, or forfeiture” that is “payable to and for the benefit of a governmental unit.” The state court appointed plaintiff Keena receiver over defendant Zhiry’s property, which is a public nuisance. California law allows Keena is entitled to recover from Zhiry fees for services rendered and costs incurred. Is Keena entitled to except his debt…