Medical Lien Mgmt, Inc. v. Dampier

March 1, 2018
 
Case Type:
Consumer
Case Status:
Affirmed
Citation:
17-1160 (10th Circuit, Feb 14,2018) Not Published
Ruling:
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.
Facts:
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).
Judge(s):
MATHESON, BACHARACH, PHILLIPS
Tag(s):
Previous Flipbook
The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation
The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation

The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoi...

Next Flipbook
Living in Borrowed Times: The Changing Context of Student Loan Discharge
Living in Borrowed Times: The Changing Context of Student Loan Discharge

Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in...

×

Try ABI free for 15 days. We'll save you time and money.

First Name
Last Name
Thank you!
Error - something went wrong!