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§ 1328(a)(3)

v. Feyijinmi, Dedre

Jun
28
2024
Ruling
Debtor's restitution debt from "probation before judgment" disposition not dischargeable inChapter 13 as it qualifies as criminal restitution. (4th Cir.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Criminal Fines Excepted.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 28, 2024 , LexisNexis #0924-024
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Bravo, In re

Feb
08
2018
Ruling
The Principal Penalty amounts which the claimant included were mandatory amountsexempted from discharge as they were partially punitive in nature; thus the said amountscould not be construed as false or misleading statements as claimed by debtor. (Bankr. W.D.Wash.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Criminal Fines Excepted.

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Consumer opinion summary, case decided on February 08, 2018 , LexisNexis #0318-085
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Ryan v. United States (In re Ryan)

Jun
03
2008
Ruling
Bankruptcy court erred in holding that costs of prosecution was a "criminal fine" that was excepted from discharge.
Procedural posture

The Bankruptcy Court for the District of Idaho held that costs of prosecution were "criminal fines" under former 11 U.S.C.S. § 1328(a)(3) (pri and to its amendment by the Bankruptcy Abuse Prevention thus were excepted from discharge. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 03, 2008 , LexisNexis #0808-035
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Ryan v. United States (In re Ryan)

Jul
31
2007
Ruling
Costs of federal criminal prosecution imposed as part of sentence were excepted from discharge.
Procedural posture

The debtor filed a chapter 13 petition listing only an obligation owed to the United States government, identified as the unpaid costs of prosecution imposed on the debtor as part of a federal criminal sentence. The debtor then filed an adversary complaint to determine whether that obligation would be dischargeable under 11 U.S.C. § 1328(a)(3).

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opinion summary, case decided on July 31, 2007 , LexisNexis #0907-140
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Colorado Judicial Dept v. Sweeney (In re Sweeney)

Jul
11
2007
Ruling
Restitution ordered pursuant to juvenile proceeding was dischargeable.
Procedural posture

Appellant Colorado Judicial Department ("CJD") appealed from the Bankruptcy Appellate Panel of the Tenth Circuit ("BAP"), which reversed the bankruptcy court and concluded that restitution ordered pursuant to juvenile delinquency proceedings was dischargeable under 11 U.S.C. § 1328(a)(3). Appellee debtor was adjudicated a juvenile delinquent eleven years before filing for chapter 13 bankruptcy and was ordered to pay restitution.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 11, 2007 , LexisNexis #0807-067
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Colorado Judicial Department v. Sweeney (In re Sweeney)

Apr
21
2006
Ruling
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
Procedural posture

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 21, 2006 , LexisNexis #0506-065
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