Legal Opinion

In Re: Timothy L. Taggart, Debtor. The State Bar of California v. Timothy L. Taggart

Court of Appeals for the Ninth Circuit

Decided May 10, 2001No. 99-56343PublishedCited by 40 opinions

1Opinion of the Court

B. FLETCHER, Circuit Judge:

The bankruptcy code excludes from discharge debt that is “for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss.” 11 U.S.C. § 523(a)(7). In this case, we must decide whether the costs of attorney disciplinary proceedings brought by the State Bar of California (State Bar) are dischargeable in Chapter 7 bankruptcy, or instead are excluded from discharge by § 523(a)(7). Because we conclude that, in California, such costs are compensation to the State Bar for “actual pecuniary loss”…

2Cases cited14 opinions

Kelly v. RobinsonSupreme Court of the United States · 1986
In Re: James H. Hatton Debtor. United States of America v. James H. HattonCourt of Appeals for the Ninth Circuit · 2000
In Re Bakersfield Westar Ambulance, Inc., Debtor. Randell Parker v. Community First BankCourt of Appeals for the First Circuit · 1997
In Re Rose VCalifornia Supreme Court · 2000
Board of Attorneys Professional Responsibility v. Haberman (In Re Haberman)United States Bankruptcy Court, E.D. Wisconsin · 1992

9 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002
In Re Andrew Staffer, Debtor, Andrew Staffer v. Robert PredovichCourt of Appeals for the Ninth Circuit · 2002
Gadda v. State Bar of Cal.Court of Appeals for the Ninth Circuit · 2007
The Disciplinary Board of the Supreme Court of Pennsylvania v. Allen L. FeingoldCourt of Appeals for the Eleventh Circuit · 2013

35 more not listed; retrieve them via the Exa API.