Legal Opinion
Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen)
United States Bankruptcy Court, E.D. Pennsylvania
Decided January 23, 1987No. 19-10483PublishedCited by 29 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
These consolidated adversarial proceedings present the issues of whether the liability of a Chapter 13 debtor to pay criminal restitution constitutes a “claim” dis-chargeable in the Chapter 13 case; and, assuming that the restitution obligation is a dischargeable claim, what remedies are available to the debtor to prevent collection of future payments and to recover post-petition payments made. We hold that a criminal restitution obligation does constitute a dischargeable “claim” and that the appropriate remedy is to direct the recipient of the…
2Cases cited44 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
39 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- INSLAW, Inc. v. United States (In Re INSLAW, Inc.)District Court, District of Columbia · 1988
- In Re MoseleyUnited States Bankruptcy Court, C.D. California · 1987
- McLaughlin v. Fireman's Trust Mortgage Corp. (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re FordUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
24 more not listed; retrieve them via the Exa API.