Legal Opinion
Hardenberg v. Virginia, Department of Motor Vehicles (In re Hardenberg)
Court of Appeals for the Sixth Circuit
Decided December 9, 1994No. 93-4183PublishedCited by 3 opinions
1Opinion of the Court
NATHANIEL R. JONES, Circuit Judge.
Defendants-Appellants Virginia Department of Motor Vehicles and the Fairfax County General District Court of Virginia (“Virginia”) present the following issue: Do fines and costs, imposed as punishment for state criminal convictions constitute “debts” for purposes of the Bankruptcy Code, so that they are dischargeable in a Chapter 13 bankruptcy proceeding pursuant to 11 U.S.C. § 1328(a)?1 The bankruptcy court held that state criminal fines and costs are “debts,” as defined in 11 U.S.C. § 101,2 and as such are dischargeable in a Chapter 13 bankruptcy. The.…
2Cases cited21 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Kelly v. RobinsonSupreme Court of the United States · 1986
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
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3Cited by3 opinions
- North American Science Associates, Inc. v. Clark (In Re Clark)United States Bankruptcy Court, N.D. Ohio · 1997
- In Re HardenbergCourt of Appeals for the Sixth Circuit · 1994
- Brown v. City of New YorkDistrict Court, S.D. New York · 1999