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Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution

Loaded on Nov. 15, 2013 by Derek Gilna published in Prison Legal News November, 2013, page 38
Filed under: Money/Property, Restitution, Bankruptcy. Location: New York.
Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to pay ordered restitution.” Colasuonno filed for Chapter 7 bankruptcy following his initial sentencing, then argued …

 

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More from this issue:

  1. The Too-Many Prisoners Dilemma, by Dan Froomkin
  2. From the Editor, by Paul Wright
  3. Texas Judges Rarely Disciplined, Seldom Publicly, by Matthew Clarke
  4. Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
  5. The Real Costs of Incarceration in the United States
  6. Attorney Fees Not Exempt from Disclosure Under California Public Records Act
  7. PLN Files Censorship Suit Against Nevada DOC
  8. Traumatic Brain Injury Rate High Among Prisoners, by Matthew Clarke
  9. Debtors' Prisons Returning to America, by David Reutter
  10. Hell on Earth: Sexual Victimization of the Criminally Insane, by David Rosen
  11. China Vows to Finance Incarceration with Public Funds, Not Prison Profits
  12. Oregon Considers Subsidizing Prison Medical Costs Through Medicaid
  13. PLN Challenges Postcard-only Policy at Tennessee Jail
  14. Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense
  15. Texas Prison Population Drops but Savings Evaporate, by Matthew Clarke
  16. Federal Prisoners Paid During Government Shutdown, but Not Prison Guards, by Derek Gilna
  17. Minnesota Judge Condemns System that Jails Mentally Ill
  18. GEO Group Pulls out of Mississippi Prisons, by David Reutter
  19. Gun Found in Segregation Cell at Privately-operated Mississippi Prison
  20. New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges
  21. New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions
  22. New Hampshire Supreme Court Revives Prisoner's Negligence Action
  23. Prisoners in Texas Jail Providing Less Slave Labor
  24. Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America, by Christopher Zoukis
  25. Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution, by Derek Gilna
  26. Third Circuit Reverses More Stringent Conditions of Supervised Release, by Derek Gilna
  27. Best Criminal Defense Pleading Ever!, by Alex Friedmann
  28. Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout
  29. California: No-Gang-Contact Probation Condition Struck Down
  30. Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release, by Derek Gilna
  31. Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges, by Christopher Zoukis
  32. U.S. Department of Justice Reports Statistics on State Prosecutors, by Matthew Clarke
  33. Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
  34. California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
  35. California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
  36. Philippines Prison Suspends Thriller Dancers
  37. ICE Directive May Limit Solitary Confinement of Immigrant Detainees, by Derek Gilna
  38. Denial of Contraceptive Pill to Prisoner States Cause of Action
  39. Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
  40. Anonymous PREA Hotlines Not So Anonymous
  41. D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal, by Derek Gilna
  42. Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses, by Derek Gilna
  43. Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
  44. Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit, by Derek Gilna
  45. Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners, by Derek Gilna
  46. News in Brief

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