Legal Opinion
In Re: Gerald Thompson
Court of Appeals for the Third Circuit
Decided August 11, 2005No. 04-3220PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
In this matter of first impression for the courts of appeals, we must decide whether a restitution order from a state criminal prosecution for theft by deception, which directs payment to the fraud victim, is exempt from a Chapter 7 bankruptcy discharge under 11 U.S.C. § 523(a)(7). 1 This case distills into a judgment between the literal language of this Bankruptcy Code provision and federalism doctrine as expounded by the Supreme Court in Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986). Having determined that the Supreme Court…
2Cases cited9 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hutchings v. Ocwen Federal Bank (In Re Hutchings)United States Bankruptcy Court, N.D. Alabama · 2006
- In Re LewisUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- United States v. Horras (In Re Horras)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- Bruce H. Colton v. Victor VerolaCourt of Appeals for the Eleventh Circuit · 2006
- Mills v. Caisse (In re Caisse)United States Bankruptcy Court, W.D. New York · 2017
14 more not listed; retrieve them via the Exa API.