- 11 U.S.C.
Tipsy McStumbles LLC v. Griffin (In re Griffin)
May
10
2013
Ruling
Contempt sanction was not payable to governmental unit and was dischargeable.
Procedural posture
Creditors filed an adversary complaint for a judgment that a monetary sanction owed by defendant debtor under a contempt judgment entered by a federal district court (FDC) based on debtor's conduct in violating a preliminary injunction (PI) was nondischargeable in debtor's chapter 7 per 11 U.S.C.S. § 523(a)(7).
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Court
:
- 11 U.S.C.
Wiebe v. Kansas Dept. of Labor (In re Wiebe)
Jan
25
2013
Ruling
State labor department penalty that was not compensatory was excepted from discharge.
Procedural posture
Debtors filed this adversary proceeding to obtain a determination that the $123,966 penalty imposed by the Kansas Department of Labor should not be excepted from their discharge under 11 U.S.C.S. § 523(a)(7) because, as they argued, it was compensatory.
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Court
:
- 11 U.S.C.
New Image Motor Sports Fin. LLC v. Jackson (In re Jackson)
Dec
07
2012
Ruling
Repayment obligation that an element of criminal sanctions against debtor was nondischargeable.
Procedural posture
Judgment creditor filed a motion for summary judgment in its adversary proceeding against defendant debtors, which sought a determination that the debt purportedly owed by the debtors was excepted from discharge under 11 U.S.C.S. § 523(a)(7).
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Court
:
- 11 U.S.C.
In re Styer
Aug
27
2012
Ruling
Civil restitution obligation for benefit of consumers rather than government was dischargeable.
Procedural posture
After a state court entered a decision ordering defendant debtor to pay civil restitution under § 201-4.1 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann. § 201-4.1, plaintiff Commonwealth sought a determination that the restitution award was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (7). The Commonwealth filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Lopez v. First Judicial Dist. (In re Lopez)
Jul
18
2012
Ruling
Court costs of criminal proceeding against debtor were nondischargeable.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendants, the First Judicial District of Pennsylvania and a court administrator, seeking a determination that court costs a state court assessed when it convicted the debtor of committing criminal offenses were dischargeable under 11 U.S.C.S. § 523(a)(7). The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Basquin v. Stasson (In re Stasson)
Mar
09
2012
Ruling
Restitution to debtor attorney's client ordered by state discipline board was not payable to or for the benefit of a governmental unit and was dischargeable.
Procedural posture
Plaintiffs, the Michigan Attorney Grievance Commission and a complainant, filed separate adversary proceedings against defendant, an attorney who declared chapter 7 bankruptcy, seeking a determination that an order issued by the Michigan Attorney Discipline Board created debts that were nondischargeable under 11 U.S.C.S. § 523(a)(7). The court consolidated the cases, and the Commission and the attorney filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Smith v. Sims (In re Sims)
Feb
17
2012
Ruling
Restitution judgment holding debtor liable for son's debt was dischargeable absent evidence of intent of juvenile court.
Procedural posture
Plaintiff filed an adversary complaint to determine the dischargeability of a restitution debt under 11 U.S.C.S. § 523(a)(7).
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:
- 11 U.S.C.
Department of Environmental Protection v. Thebes (In re Thebes)
Mar
29
2011
Ruling
Department of Environmental Protection penalties for violations of Solid Waste Management Act were not compensation for pecuniary loss and were nondischargeable.
Procedural posture
Plaintiff, the Commonwealth of Pennsylvania Department of Environmental Protection (DEP), sought a declaration under 11 U.S.C.S. § 523(a)(7) that certain debts incurred by the debtor were nondischargeable. The DEP filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Love v. Scott (In re Love)
Jan
12
2011
Ruling
Costs assessed in debtor lawyer's disciplinary proceeding were compensation for actual pecuniary losses that were discharged so that nonpayment could not prevent reinstatement of license.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Chairman of the Tennessee Board of Professional Responsibility (TBPR) seeking a determination that the debtor's prior bankruptcy discharge precluded the TBPR from refusing to reinstate the debtor's license as an attorney until the debtor paid prior costs of disciplinary proceedings. The debtor and the Chairman cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Ada County Prosecuting Attys Office v. Searcy (In re Searcy)
Jan
12
2011
Ruling
Costs assessed for debtor prisoner's frivolous action against prosecutor was penal in nature and nondischargeable.
Procedural posture
Plaintiff county sought to except from discharge under 11 U.S.C.S. § 523(a)(7) and (a)(17) costs and attorney's fees awarded against defendant debtor, a prisoner.
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Court
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