KELLY, CONNECTICUT CHIEF STATE'S ATTORNEY, ET AL. v. ROBINSON, 479 U.S. 36

Summary

Respondent filed a petition under Chapter 7 of the Bankruptcy Code, 11 U.S.C.S. § 701 et seq. That petition listed as debt a restitution obligation imposed as a condition of respondent's probation in criminal proceedings. Respondent received a discharge in bankruptcy and her attorney wrote to the probation office stating that she believed the discharge had voided the condition that she pay restitution. The probation office informed respondent that it considered the obligation to pay restitution nondischargeable. Respondent filed an adversary proceeding and the bankruptcy court concluded that the discharge had not altered the conditions of respondent's probation. The court of appeals reversed, deciding that the restitution obligation was a debt and was dischargeable. Petitioner appealed. The court found that Congress had enacted the Bankruptcy Code against the background of an established judicial exception to discharge for criminal sentences, including restitution orders. The court ...