Legal Opinion
Pennsylvania Department of Public Welfare v. Johnson-Allen
District Court, E.D. Pennsylvania
Decided August 1, 1988No. Civ. A. 87-1032PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
GAWTHROP, District Judge.
Pending before this court is an appeal from the Department of Public Welfare (DPW) from a bankruptcy court decision, involving two similar cases, which held that criminal restitution payments may be discharged in a Chapter 13 1 case. Upon consideration of the statute, and its interpretation by the Supreme Court in Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986), in which the Court construed it against the background of certain long-standing policies, I will reverse.
BACKGROUND
On January 17, 1984, and June 18, 1985, respectively,…
2Cases cited15 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Morrison v. OlsonSupreme Court of the United States · 1988
- Ohio v. KovacsSupreme Court of the United States · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McLaughlin v. Fireman's Trust Mortgage Corp. (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- University Medical Center v. Bowen (In Re University Medical Center)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Gardner v. Tyson (In Re Gardner)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re GarnettUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Davenport v. Pennsylvania, Department of Public WelfareDistrict Court, E.D. Pennsylvania · 1988
2 more not listed; retrieve them via the Exa API.