In re: Gi Nam City of Philadelphia v. Gi Nam Marvin Krasny, Chapter 7 Trustee

004141o-pdfCourt of Appeals for the Third CircuitDec 6, 2001

Full text

Filed December 6, 2001
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 00-4141
IN RE: GI NAM
CITY OF PHILADELPHIA
v.
GI NAM
MARVIN KRASNY, CHAPTER 7 TRUSTEE; FREDERIC
BAKER, ASSISTANT U. S. TRUSTEE,
Trustee,
CITY OF PHILADELPHIA,
Appellant.
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D. C. Civil Action No. 00-cv-00347)
District Judge: Honorable Stewart Dalzell
Argued: July 27, 2001
Before: ROTH, BARRY and FUENTES,
Circuit Judges
ORDER AMENDING OPINION
IT IS ORDERED that the slip opinion in the above case,
filed on November 20, 2001, be amended as follows:
Remove the word "not" from the conclusion of Part V, on
page 21, so that it is amended to read:

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"For the foregoing reasons, we will reverse the decision of
the District Court and remand this case for further
proceedings consistent with this opinion. We hold that in
light of the statute' s plain language, its history, and
applicable case laws, 11 U.S.C. § 523(a)(7) does except from
discharge in a Chapter 7 bankruptcy a bail bond forfeiture
judgment entered against a family surety for failure to
produce the defendant for trial."
By the Court,
/s/Jane R. Roth
Circuit Judge
Date: December 6, 2001
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
2

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