- 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).
- MATHESON, BACHARACH, PHILLIPS
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