County of Dakota v. Milan (In re Milan)

MEMORANDUM OPINION AND ORDER

Katherine A. Constantine, United States Bankruptcy Judge

This ease presents an issue of first impression in the District of Minnesota, whether costs charged to inmates under Minnesota’s “pay to stay” program2 are excepted from the bankruptcy discharge. It is presented on cross motions for summary judgment and based on undisputed material facts. Jeffrey Timmerman appeared for the plaintiff, the County of Dakota (“Dakota County”). Kenneth Corey-Edstrom appeared for the defendants, Jacob and Ashley Milan (the “Milans”).

This court has jurisdiction over this adversary…