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§ 523(a)(13)

Carter, In re--Church of God v. Carter

Aug
27
2018
Ruling
Criminal restitution was nondischargeable. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Criminal Restitution Payments.

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Consumer opinion summary, case decided on August 27, 2018 , LexisNexis #1018-045
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Anadarko Petroleum Corp. v. Garza (In re Garza)

Jul
09
2009
Ruling
Criminal restitution payments owed by debtor to former employer were nondischargeable.
Procedural posture

Plaintiff former employer of defendant bankruptcy debtor brought an adversary proceeding against the debtor seeking a determination that the debtor's obligation to pay restitution to the employer as part of a criminal sentence was not dischargeable under 11 U.S.C.S. § 523(a)(13). The employer and the debtor cross-moved for summary judgment.

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Consumer opinion summary, case decided on July 09, 2009 , LexisNexis #0909-093
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Community Trust Bank v. Warren (In re Warren)

Jun
15
2007
Ruling
Payments under restitution agreement based on debtor's bank fraud was nondischargeable.
Procedural posture

Plaintiff creditor, the bank that had financed an auto dealer's floor plan, asserted that the obligations of debtor, the manager of the dealership, were nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (4) and (13); the parties filed cross-motions for summary judgment. The debtor argued that the creditor's claims were time barred.

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opinion summary, case decided on June 15, 2007 , LexisNexis #0707-096
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