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Article • April 1, 2007 • from P&J April, 2007
In Re: Troff, No. 05-4244 (10th Cir.) (479 F.3d 1213) (May 9, 2007) (Judge Robert H. Henry) by Defendant pleaded guilty to arson and was sentenced, inter alia, to pay $ 239,696 of restitution as a condition of his probation. Upon completion of probation, defendant's restitution obligation was converted to …
Article • June 14, 2000
Kelly v. Robinson, No. 85-1033 (U.S. Supreme Court) (479 U.S. 36; 107 S.Ct. 353) (November 12, 1986) (Justice Powell) by Here the Court held that restitution is in the nature of a fine and thus fell within the first of the requirements of 11 USC § 523(a)(7) that is was …
Article • May 1, 2000 • from P&J May, 2000
In Re Rashid, No. 95-cv-04243 (3rd Cir.) (210 F.3d 201) (April 14, 2000) (Per Curiam) by This is a bankruptcy case, but it examines an issue that is important to many criminal defendants: Can a criminal defendant receive a discharge of his restitution obligations through a bankruptcy proceeding? That issue …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Lee, No. 99-499 (E.D.Pa.) (82 F.Supp.2d 389) (January 20, 2000) (Judge Stewart Dalzell) by In this case, the defendant was an officer of a medical supply company that filed for Chapter 11 relief a few months after being suspended as a Medicare provider. The company had leased special …
Article • May 1, 1995
U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Court held that a discharge in bankruptcy does not have any effect on the court's ability to order restitution, or the defendant's obligation to pay. In this case, the defendant argued that …