Legal Opinion
Colorado Judicial Department v. Sweeney (In Re Sweeney)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided April 21, 2006No. BAP No. CO-05-056, Bankruptcy No. 04-27202-MER, Adversary No. 04-2111-MERPublishedCited by 7 opinions
1Opinion of the Court
OPINION
McFEELEY, Chief Judge.
Debtor/Defendant/Appellant Shea Thomas Sweeney, (“Debtor”), appeals an order of the bankruptcy court for the District of Colorado concluding that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3). 1 The Debtor argues that the bankruptcy court erred in finding the debt nondischargeable because juvenile delinquency proceedings are not adjudications of guilt but of status. Therefore, the restitution debt was not “included in a sentence on the debtor’s conviction of a crime” as mandated by § 1328(a)(3).…
2Cases cited16 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
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3Cited by7 opinions
- Stephens v. Holbrook (In Re Stephens)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
- In Re MontgomeryUnited States Bankruptcy Court, D. Kansas · 2011
- Jenkins v. IBD, Inc.District Court, D. Kansas · 2013
- United States v. MontgomeryDistrict Court, D. Kansas · 2012
- IBD, Inc. v. Jenkins (In re Jenkins)United States Bankruptcy Court, D. Kansas · 2011
2 more not listed; retrieve them via the Exa API.