Legal Opinion

Davenport v. Pennsylvania, Department of Public Welfare (In Re Davenport)

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 8, 1988No. 19-11403PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BRUCE I. FOX, Bankruptcy Judge:

The narrow issue before me is whether a criminal restitution obligation may be discharged in a chapter 13 case. The debtors have commenced an adversary proceeding seeking a determination that an order of criminal restitution requiring them to make payments to the Bucks County Adult Probation and Parole Department represents a dischargeable unsecured debt which is provided for by their confirmed chapter 13 plan and which is made dischargeable by virtue of 11 U.S.C. § 1328. Both the Probation and Parole Department as well as the Commonwealth of…

2Cases cited30 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Kelly v. RobinsonSupreme Court of the United States · 1986
  4. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  5. Ohio v. KovacsSupreme Court of the United States · 1985

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3Cited by7 opinions

  1. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  2. Becker v. County of Santa Clara (In Re Nelson)District Court, N.D. California · 1988
  3. In Re NormanUnited States Bankruptcy Court, D. Colorado · 1989
  4. Davenport v. Pennsylvania, Department of Public WelfareDistrict Court, E.D. Pennsylvania · 1988
  5. Commonwealth of Pennsylvania Department of Public Welfare v. Johnson-Allen (In re Johnson-Allen)Court of Appeals for the Third Circuit · 1989

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