Legal Opinion
Ryan v. United States (In Re Ryan)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 3, 2008No. BAP No. ID-07-1316-DMkMo. Bankruptcy No. 03-21393. Adversary No. 07-07002PublishedCited by 4 opinions
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge.
Joseph Elliott Ryan (“Ryan”) was convicted of a felony in federal court. After serving a prison sentence and paying a criminal fine, he filed for bankruptcy under chapter 7.1 Shortly after receiving his *712chapter 7 discharge, Ryan filed for chapter 13 relief, seeking to discharge costs of prosecution awarded in his criminal judgment. The bankruptcy court held that costs of prosecution are “criminal fines” under § 1328(a)(3) and thus are excepted from discharge.
For the reasons stated below, we REVERSE.
I.FACTS
On July 13, 1995, Ryan was convicted of possession of an…
2Cases cited34 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Patterson v. ShumateSupreme Court of the United States · 1992
29 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re OsorioUnited States Bankruptcy Court, D. New Jersey · 2014
- Alexander Moss, Jr. - Adversary ProceedingUnited States Bankruptcy Court, D. New Jersey · 2020
- Lopez v. First Judicial District of Pennsylvania (In re Lopez)United States Bankruptcy Court, E.D. Pennsylvania · 2012
- Ryan v. United States (In Re Ryan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008