Ryan v. United States (In Re Ryan)

MARKELL, Bankruptcy Judge,

dissenting:

I respectfully dissent.

This case requires us to determine what Congress intended in 1994 when it exempted “criminal fines” from the chapter 13 discharge. Specifically, we must decide whether that phrase covers court-ordered and statutorily authorized reimbursement of costs related to prosecuting a debtor for a federal crime.

The majority spends a great deal of time and analysis essentially holding that the rehabilitative and redemptive goals of bankruptcy require a narrow construction of “criminal fines.” I think it is more likely that Congress intended…