Legal Opinion · Concurrence
Warfel v. City of Saratoga (In Re Warfel)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 15, 2001No. BAP No. NC-00-1195-MAPK. Bankruptcy No. 99-5-5917-MM. Adversary No. 99-5352-MMPublished
1Concurrence
KLEIN, Bankruptcy Judge,
concurring:
We should affirm merely because the Supreme Court decision in Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986), is dispositive of the discharge status under 11 U.S.C. § 523(a)(7) of restitution ordered as a condition of probation in a state criminal case. The majority’s supplementary quest for an underlying penal purpose is superfluous to restitution that is a condition of probation in state criminal proceedings. Kelly controls.
I write separately to sound a note of caution about the need to be aware of key distinctions when confronting…
2Cases cited6 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In Re: Abdur Amin Rashid, Debtor Abdur Amin Rashid v. Virginia R. Powel (d.c. No. 95-Cv-04243) in Re: Abdur Amin Rashid, Debtor Abdur Amin Rashid v. The United States of America Virginia R. Powel (d.c. No. 96-Cv-00512) Abdur Amin RashidCourt of Appeals for the Third Circuit · 2000
- In the Matter of James Towers, Debtor-Appellant. State of IllinoisCourt of Appeals for the Seventh Circuit · 1999
- In Re: Timothy L. Taggart, Debtor. The State Bar of California v. Timothy L. TaggartCourt of Appeals for the Ninth Circuit · 2001
1 more not listed; retrieve them via the Exa API.