Legal Opinion

Commonwealth of Pennsylvania Department of Public Welfare v. Johnson-Allen (In re Johnson-Allen)

Court of Appeals for the Third Circuit

Decided March 28, 1989No. Nos. 88-1610, 88-1635PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

These consolidated appeals raise an important issue, particularly for governmental agencies engaged in public assistance, of whether criminal restitution imposed as a penalty for welfare fraud constitutes a debt dischargeable under Chapter 13 of the Bankruptcy Code, 11 U.S.C.A. § 1301, et seq. (West 1979 & Supp.1988). The bankruptcy court, in two separate opinions, held that restitution obligations constitute dis-chargeable debts under Chapter 13. Appel-lees, the Pennsylvania Department of Public Welfare (DPW) and the Court of Common Pleas of Bucks…

2Cases cited25 opinions

Younger v. HarrisSupreme Court of the United States · 1971
Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
Kelly v. RobinsonSupreme Court of the United States · 1986
Garcia v. United StatesSupreme Court of the United States · 1985
Ohio v. KovacsSupreme Court of the United States · 1985

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3Cited by1 opinion

In Re Lorraine Johnson-Allen. Commonwealth of Pennsylvania Department of Public Welfare v. Lorraine Johnson-Allen. In Re Ruby Steffler A/K/A Ingrid J. Steffler. Commonwealth of Pennsylvania Department of Public Welfare v. Ruby Steffler A/K/A Ingrid J. Steffler. Appeal of Lorraine Johnson-Allen and Ruby Steffler. In Re Edward and Debora Davenport. Edward and Debora Davenport v. Commonwealth of Pennsylvania, Department of Public Welfare and Court of Common Pleas of Bucks County, and Edward Sparkman, Trustee. Appeal of Edward and Debora DavenportCourt of Appeals for the Third Circuit · 1989