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In re Ditzel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 21, 2010

RE: RICHARD JAMES DITZEL

The opinion of the court was delivered by: Honorable Lawrence K. Karlton Senior United States District Judge Sacramento, California

MEMORANDUM

APPROVAL TO FILE CHAPTER 7 BANKRUPTCY

On August 5, 2008, Mr. Ditzel was sentenced to 33 months Bureau of Prisons, followed by a 60-month term of supervised release following convictions for two counts of 18 USC 657 -Credit Union Embezzlement (Class B felonies).

On April 3, 2010, Mr. Ditzel was released from custody and began his term of supervised release. One of his special conditions of supervision states that he shall not dispose of or otherwise dissipate any of his assets until the fine and/or restitution ordered by this judgment is paid in full, unless the defendant obtains approval of the Court. The offender is asking for approval to file Chapter 7 bankruptcy. While Mr. Ditzel was incarcerated, his partner was unable to meet all of their financial responsibilities including their house payment. To avoid foreclosure of their home and after seeking legal advice, it was determined that filing Chapter 7 bankruptcy would be the appropriate course of action. Mr. Ditzel does realize the $478,992 restitution ordered in this criminal case cannot be dismissed in any bankruptcy proceedings. Mr. Ditzel has been instructed to provide documentation of any bankruptcy proceedings.

Respectfully submitted,

CYNTHIA J. MAZZEI Senior United States Probation Officer

Dated: April 19, 2010

Sacramento, California CJM/sc

REVIEWED BY: /s/ Joe Glaspie for KMS

KYRIACOS M. SIMONIDIS Supervising United States Probation Officer

Attachment(s)

cc: To be assigned

Assistant United States Attorney

John P. Brennan Defense Counsel

THE COURT ORDERS:

[ U ] The offender is approved to file Chapter 7 bankruptcy.

[ ] The offender is not approved to file Chapter 7 bankruptcy.

[ ] Other:

LAWRENCE K. KARLTON Senior United States District Judge

20100421

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