Categories: News

10th Circuit BAP Affirms Judgment in Bankruptcy Case Preserving Crime Victim’s Restitution Rights

The 10th Circuit Bankruptcy Appellate Panel affirmed the U.S. Bankruptcy Court for the District of Colorado’s ruling in favor of a Montgomery Little client that a criminal restitution debt is not dischargable in bankruptcy.  The panel followed the U.S. Supreme Court’s ruling in Kelly v. Robinson and held that section 523(a)(7) of the Bankruptcy Code prevents a bankruptcy debtor from discharging any restitution award authorized as part of a state court criminal sentence.  The Tenth Circuit Bankruptcy Appellate Panel consists of nine bankruptcy judges from throughout the circuit who sit in three-judge panels to review appeals originating from the U.S. Bankruptcy Courts in Colorado, Kansas, Oklahoma, New Mexico, Wyoming, and Utah.

Published by
Montgomery Little Soran

Recent Posts

Six Montgomery Little & Soran attorneys selected as 2024 Super Lawyers

Montgomery Little & Soran proudly congratulates James J. Soran, III, Nathan G. Osborn, and John…

2 months ago

Use of statutory exceptions continues to rise in Colorado real estate transactions.

In 2019, the Colorado Legislature enacted a bill under which the buyer may accept title…

3 months ago

Divorcing a Narcissist and Thinking Strategically

Divorcing a narcissist will often be physically and emotionally draining. Expect that a narcissist will…

2 years ago

Happy Holidays From Montgomery Little & Soran

All of us at Montgomery Little & Soran wish you happy holidays and a healthy…

3 years ago

CARES Act and the Bankruptcy Code

by Brent W. Houston  The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted…

4 years ago

Our firm is Open

Our firm has implemented recommendations suggested by the Center for Disease Control (CDC), the State…

4 years ago