Medical Lien Mgmt, Inc. v. Dampier

March 1, 2018
Case Type:
Case Status:
17-1160 (10th Circuit, Feb 14,2018) Not Published
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did not, however, discuss whether the criminal restitution was paid to the state first, and then paid to the former employers, or paid directly to the former employers.]
Procedural context:
The debtor's former employers petitioned the bankruptcy court for a determination that the debtor's criminal restitution payments were nondischargeable under § 523(a)(7). The bankruptcy court granted summary judgment in favor of the former employers. The debtor appealed, and the Bankruptcy Appellate Panel affirmed. The debtor appealed again.
The debtor was convicted for theft from his employers, and ordered to pay criminal restitution of approximately $197,000. The debtor subsequently filed for bankruptcy, scheduling his criminal restitution debt. The former employers objected to the discharge of the debt under § 523(a)(7).
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