United States Eleventh Circuit

Reversal of decision that restitution obligation arising from defendant's Florida conviction for fraudulent transactions was dischargeable under Chapter 7 of the Bankruptcy Code is affirmed over claims that: 1) the Supreme Court's decision in Davenport "abrogated" its decision in Kelly; 2) the 1994 amendments to the Bankruptcy Code effectively preempted the Supreme Court's ruling in Kelly; and 3) the district court erred in failing to follow the test for determining whether restitution is "payable to and for the benefit of a government unit" for the purposes of 11 U.S.C. section 523(a)(7).

Appellate Information

• Decided 04/20/2006
• Published 04/20/2006

Judges

• BIRCH, Circuit Judge:, Before BIRCH and MARCUS, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael D. Ray, Law Office of Michael D. Ray, Miami, FL, for Petitioners.


• For Appellees:
  
• Lyle D. Jentzer, David V. Bernal, Russell J.E. Verby, Douglas E. Ginsburg, U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, for Respondent.