Legal Opinion
State v. Cunningham
Court of Appeals of Washington
Decided May 22, 2003No. 20800-1-IIIPublishedCited by 1 opinion
1Opinion of the CourtSweeney, J.
Fines, penalties, and forfeitures imposed as part of a criminal sanction are not dischargeable in bankruptcy. 11 U.S.C. § 523(a)(7). Washington’s criminal procedural rules impose interest on any fine, penalty, or forfeiture. RCW 10.82.090. The question here is whether this statutorily required interest is dischargeable in bankruptcy. We conclude that the interest is part and parcel of a state criminal sanction and therefore falls within the exception to dischargeability. In re Thompson, 16 F.3d 576, 580 (4th Cir. 1994). And we affirm the trial judge’s decision to that effect.
FACTS
Carol Y.…
2Cases cited32 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Bruning v. United StatesSupreme Court of the United States · 1964
- In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989
27 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sanders v. AllianceOne Receivables Mgmt., Inc. (In re Sanders)United States Bankruptcy Court, W.D. Washington · 2018