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09-37695 In re: Reimann

By: WISCONSIN LAW JOURNAL STAFF//September 28, 2010//

09-37695 In re: Reimann

By: WISCONSIN LAW JOURNAL STAFF//September 28, 2010//

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Bankruptcy
Automatic stay

A prisoner’s filing for bankruptcy does not stay the prison from recovering restitution from him for costs associated with his violation of prison rules.

“I am satisfied the assessment made against the debtor in this case is a continuation of his criminal conviction, even though the penalty has nothing to do with the initial offense. The penalty under the Wisconsin Administrative Code is applicable only to prisoners, not the general public, and it was assessed while he was incarcerated for the initial offense. Therefore, it is a continuation of the government’s action associated with that initial offense and is not subject to the automatic stay.”
“In summary, the debt is a penalty excepted from discharge, not the reimbursement of a medical debt, and the action of the state is not subject to the automatic stay. The debtor’s motion for sanctions for violation of the automatic stay is denied.”

09-37695 In re: Reimann

E.D.Wis., McGarity, Bankr. J.

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