IN RE SILVERMAN

No. 08-56508.

616 F.3d 1001 (2010)

In the Matter of Jeffrey L. SILVERMAN; Faye J. Silverman, Debtors, State Compensation Insurance Fund, Appellant, v. Nancy Hoffmeier Zamora, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2010.


Attorney(s) appearing for the Case

Reem J. Bello (argued) & Jeffrey I. Golden of Weiland , Golden, Smiley, Wang, Ekvall & Strok, LLP, Costa Mesa, CA, for plaintiff-appellee Nancy Hoffmeier Zamora, Chapter 7 Trustee.

Virginia O'Ryan Hoyt (argued), San Francisco, CA, for defendant-appellant State Compensation Insurance Fund.

Before MARY M. SCHROEDER, RAYMOND C. FISHER and N. RANDY SMITH, Circuit Judges.


OPINION

N.R. SMITH, Circuit Judge:

In this appeal, we are asked to resolve two novel questions: (1) whether district court decisions bind bankruptcy courts in other districts and (2) whether criminal restitution payments are recoverable by a trustee in bankruptcy as preferences under 11 U.S.C. § 547(b). We conclude that (1) district courts do not bind bankruptcy courts in other districts and (2) criminal restitution payments, so long as they otherwise...

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