- 11 U.S.C.
Pogue v. Estate of Roberts (In re Pogue)
Dec
15
2006
Ruling
Loan used to fund restitution of embezzled funds was nondischargeable.
Procedural posture
Plaintiff-debtor, who was convicted of embezzlement, brought an adversary complaint seeking to hold defendant creditors, the parties from whom debtor borrowed funds to replace the amounts he had embezzled, in contempt for violating discharge injunction of 11 U.S.C. § 524 by attempting to collect the allegedly discharged obligation and enjoining further collection actions. Debtor had been ordered to make restitution in his criminal proceeding.
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Court
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